LAW ENFORCEMENT 
ON NATIONAL FORESTS 

CALIFORNIA 

DISTRICT 

v 


UNITED STATES 

DEPARTMENT OF AGRICULTURE 


Forest Service, District 5 

Paul G. Redington 

District Forester 



WASHINGTON 
GOVERNMENT PRINTING OFFICE 
1923 








LAW ENFORCEMENT 
ON NATIONAL FORESTS 

CALIFORNIA 

DISTRICT 

v 


UNITED STATES 

DEPARTMENT OF AGRICULTURE 


- - Forest Service, District 5 
Paul G. Redington 

District Forester 

. v« • V 

I 



WASHINGTON 
GOVERNMENT PRINTING OFFICE 

1923 





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/ LIBRARY OF CONGRESS' 

Hcocivso 

JAN 9 1924 : 

DOCUMENTS PlVfSlQM 






LAW ENFORCEMENT ON NATIONAL FORESTS. 

CALIFORNIA DISTRICT. 


The following are the revised instructions for law 
enforcement on the national forests of the California dis¬ 
trict. Eliminations from or additions to the edition of 1919 
have been made by National Forest Examiner C. V. 
Brereton. All legal phases in these instructions have been 
examined and checked by II. P. Dechant, assistant to the 
solicitor. 

These instructions are supplemental to the National 
Forest Trespass Manual. Forest officers will be held 
accountable for familiarity with them and for action 
resulting from investigations. The education of reliable 
short-term men in the search for and preservation of clues 
is also desirable, since guards will often be first at the scene 
of a trespass, especially fire. This, however, is most 
effectively done by oral explanation. Only in excep¬ 
tional cases should guards be given the complete instruc¬ 
tions. 

DUTIES. 

GENERAL. 

Law enforcement is now a primary duty of all forest 
officers. The special law-enforcement work will be con¬ 
fined mostly to investigation and the working up of its 
results for use in criminal court actions; but minor cases 
in justices’ courts, or where settlement by payment of 
cash or damages is made, may have to be conducted by 
rangers or other investigators. 

INVESTIGATION. 

In fire cases, except lightning fires, and in all other 
violations of laws or regulations applicable to the national 



2 


forests and properly subject to investigation, every district 
ranger, on his own district, will be expected to start an 
immediate investigation looking toward the detection and 
prosecution of those responsible for the offense, and to 
conduct this work with the best energy, knowledge, and 
skill at his command. 

REPORTS. 

An informal report (oral or written) of the occurrence of 
the offense shall be made immediately upon its discovery, 
or as soon thereafter as communication can be established 
or the work permits, to the supervisor of the forest for his 
information. This is especially important because of 
decisions which the supervisor or the district forester may 
have to make respecting civil or administrative actions. 
Further, special reports shall also be made as called for by 
superior officers. 

ASSISTANCE. 

If too many fire or other cases occur for a ranger to handle 
alone, or if difficult cases develop in which he desires 
assistance, help should be immediately requested from the 
supervisor or from the district office. 

District rangers will be expected to make every possible 
effort in this work; but they should not hesitate to call for 
additional help if they need it. Constantly recurring fires 
or other offenses will indicate that local action must be 
stiffened or help requested. 

SUPERVISION. 

Supervisors will be responsible for the attitude of forest 
officers to law-enforcement work and for its vigorous prose¬ 
cution on their forests. Inspection and check must be 
• maintained on the investigative work done by each man. 
Not every man is adapted to this work, and assignments to 
it should be subject to selection. Investigative work, 
however, should be judged on its merits; failure to convict 
must not always be considered the investigator’s fault. If 
a man fails to get the results which it is reasonable to 
expect, it may be desirable to let him work on a case 01 


two with an experienced man before trying more cases 
alone, rather than to displace him. He should not ordi¬ 
narily be given charge of other cases until he has had 
such coaching. 

LINES OF WORK. 

FIRES. 

Law enforcement is concerned with man-caused fires. 
Until fires of unknown origin can be proved otherwise, 
they must, with respect to enforcement investigation, be 
viewed as man-caused. At all such fires the ranger has 
two duties—(1) to see that the fire is put out, and (2) to see 
that every possible measure is taken to detect the person 
responsible. 

Investigation must be started immediately, before clues 
in the vicinity of the fire are obliterated. However, this 
does not mean that suppression of the fire can be neglected. 
Careful planning and scheduling of both lines of work will 
be necessary, first by the supervisor as a forest policy, then 
by the ranger in charge of each district. Because investi¬ 
gation is new and not well understood by the field men, its 
direction must be given careful attention by all adminis¬ 
trative officers, and fire plans must be so arranged as to per¬ 
mit of pushing both investigation and suppression simul¬ 
taneously. Short-term men must be assigned with 
reference to the requirements of investigation and their 
capacity for the work, and should be instructed as provided 
on page 25 of this manual. 

FISH AND GAME. 

The new regulation T-7 marks the entrance into our 
national forest policy of a more vigorous attitude toward 
fish and game. These are now to be recognized as a 
national asset, which should be conserved on the national 
forests just as timber or forage is conserved. The Forest 
Service policy regards as legitimate such use of a resource 
as is consistent with maintenance of supply, but as illegiti¬ 
mate any use in excess of that requirement. This raises 
enforcement of the fish and game laws and cooperation 


4 


with State authorities in such enforcement from a matter 
of incidental good will to one of direct duty. A more 
radical change in community sentiment must be wrought 
to give thorough-going game-law enforcement the backing 
that is now accorded fire-protective measures; but a clear 
understanding and impartial enforcement of the service 
policy by every forest officer will go a long way toward 
securing the.desired result. 

GRAZING. 

Enforcement of grazing regulations has suffered in 
many cases from the same hesitancy in respect to com¬ 
munity good will which affected fire-law enforcement prior 
to the push on the latter in 1918. Stockmen prefer a 
ranger who is able to give them proper protection and also 
to make them live up to the requirements of their permits. 
The fearless and impartial enforcement of grazing regula¬ 
tions may be expected to bring gains in community esteem 
and confidence in the ability of forest officers to administer 
the forests that will be comparable to the advantages 
which are resulting from fire-law enforcement. 

Grazing enforcement must bear upon cattle straying 
over allotment boundaries as well as upon sheep, and 
must not overlook violations of the requirements of cattle- 
salting and sheep-bedding permits. Much of this work 
is purely administrative and will not come to the law- 
enforcement investigator. But when grazing trespass is 
consistently gone after by all forest officers, many unre¬ 
ported cases will probably develop, which may require 
investigative work. Investigators of grazing trespass must 
be particularly careful to obtain exact and, if possible, 
first-hand facts with respect to numbers and ownership of 
stock in trespass, exact location with respect to boundaries 
of national forest land, exact terms of permit violated (if 
any), and all other essential points. 

OTHER TRESPASSES. 

Timber, occupancy, property, and other trespasses on 
the national forests may require law-enforcement investi- 




5 


gation. In timber trespass, however, the facts are usually 
plain, and action is seldom criminal. Law-enforcement 
investigation, therefore, will seldom be required unless 
the identity of the trespasser or the time and manner of 
committing the trespass are in doubt. 

PREVENTION. 

In all law-enforcement efforts prevention propaganda 
should not be forgotten. An ounce of prevention is still 
worth a pound of cure. Every stockman is not to be held 
an incendiary, nor must such an impression be permitted 
to arise. Warning should be given, however, that every 
incendiary will be caught, if possible, and punished; but, 
at the same time, appreciation of good work done should 
be conveyed to stockmen and all other cooperators. 
Friendly relations should be established 'with campers, in 
the course of which unobtrusive warnings of the danger 
of fire and advice on how to avoid it can be extended. 
This will make friends for the service instead of enemies, 
and strengthen its position in every way. 

AUTHORITY. 

« 

FEDERAL. 

Forest officers have authority, derived from Federal 
statutes, to enforce Federal laws or regulations of the De¬ 
partment of Agriculture within national forests. 

The authority to cooperate with other Federal bureaus 
and the State along certain lines is contained in the act of 
May 23, 1908 (35 Stat. 251): “And hereafter officials of 
the Forest Service designated by the Secretary of Agri¬ 
culture shall, in all ways that are practicable, aid in the 
enforcement of the laws of the States and Territories with 
regard to stock, for the prevention and extinguishment of 
forest fires, and for the protection of fish and game, and, 
with respect to national forests, shall aid the other Federal 
bureaus and departments, on request from them, in the 
performance of the duties imposed on them by law.” 


6 


* 


STATE. 

If forest officers have State deputy fire warden and game 
warden appointments, they possess under the statutes of 
the State the authority, protection, and privileges of any 
officer of the State of California. All rangers should be 
certain that they have deputy State fire warden and fish 
and game warden appointments. If not, they should 
make request for them through the supervisor. 

Violations of law touching private rights in national 
forest communities are not ordinarily subject to police 
action by forest officers; but such officers have the right of 
any citizen to lay facts before the proper authorities or to 
advise others how to do so. Action in the latter direction, 
however, obviously demands caution and judgment. Ex¬ 
cept in extreme emergency, the case should be reported 
to the assistant to the solicitor for his review. 

« 

ADVICE AND BACKING. 

When in doubt, especially on legal questions, ask for 
advice through the supervisor. However, circumstances 
may sometimes require immediate action, and not permit 
of delay. When a ranger acts on the best judgment at his 
command, his actions and recommendations will be backed 
by the district office. Legal help for conduct of all impor¬ 
tant court cases will be provided on request. 

LAWS AND REGULATIONS AND THEIR 
APPLICATION. 

An investigator can not know what he must prove unless 
he understands what constitutes a crime according to the 
law in respect to the subject in hand. Where more than 
one course is possible, he must be able to advise intelli¬ 
gently which action should be taken. * He should also have 
a reasonable degree of familiarity with what is acceptable 
in court as evidence, how it must be prepared and pre¬ 
sented, and just what he can and can not do in dealing 
with suspects and trespassers. Even though he does not 
conduct the case in court, the investigator will find this 
knowledge useful from his interpretation and use of his 
first clue onward. 


FIRE. 


FEDERAL FIRE LAW. 

The Federal fire law, act of March 4,1909 (35 Stat. 1098), 
is as follows: 

Sec. 52. Whoever shall wilfully set on fire, or cause to 
be set on fire, any timber, underbrush, or grass upon the 
public domain, or shall leave or suffer fire to burn unat¬ 
tended near any timber or other inflammable material, 
shall be fined not more than five thousand dollars, or im¬ 
prisoned not more than two years, or both. 

Sec. 53. Whoever shall build a fire in or near any Forest, 
timber, or other inflammable material upon the public 
domain shall, before leaving said fire, totally extinguish 
the same; and whoever shall fail to do so shall be fined not 
more than one thousand dollars, or imprisoned not more 
than one year, or both. 

This law thus defines the following offenses: 

1. Wilfully setting on fire timber, etc., upon the public 
domain. 

2. Wilfully causing to be set on fire timber, etc., upon 
the public domain. 

3. Leaving a fire or allowing one to burn unattended 
near any timber or other inflammable material on the 
public domain. (This does not include any person who 
is not responsible for the origin of such fire.) 

4. Building a fire in or near any forest, etc., upon the 
public domain and leaving it without totally extinguish¬ 
ing it. 


supplementary federal statutes. 

Conspiracy .—The act of March 4, 1909 (35 Stat. 1096) 
defines the offense of conspiracy as follows: 

Sec. 37. If two or more persons conspire either to com¬ 
mit any offense against the United States, or to defraud the 
United States in any manner or for any purpose, and one 
or more of such parties do any act to effect the object of 
the conspiracy, each of the parties to such conspiracy 
shall be fined not more than ten thousand dollars, or 
imprisoned not more than two years, or both. 

It will be seen that conspiracy involves premeditation, 
to which more than one person is a party. An overt act 
is also necessary to complete the offense of conspiracy, 
but it is not necessary that the conspiracy be consum- 


mated. For example, going on to a national forest to set 
a fire in accordance with a conspiracy so to do, if this can 
be proven, is sufficient, even though the conspirators 
were later frightened away and did not set it. It will be 
observed that the penalties for the offense of conspiracy 
may be greater than for a violation of the Federal fire 
laws, which the conspiracy may have been aimed to 
commit. Liability for a conspiracy to commit an offense 
against the United States can not be escaped because 
the conspirator has actually committed the substantive 
offense at which the conspiracy aimed. Moreover, all 
the conspirators to a crime are liable, even though only 
a part of them participated in its actual commission. 
The value of the conspiracy law lies in its inclusive sweep 
as to offenders under its terms and its heavy penalties 
in the aggravated cases which conspiracy usually involves. 

Perjury .—The act of March 4. 1909 (35 Stat. 1111), pro¬ 
vides as follows: 

Sec. 125. Whoever having taken an oath before a com¬ 
petent tribunal, officer, or person, in any case in which a 
law of the United States authorizes an oath to be admin¬ 
istered, that he will testify, declare, depose, or certify 
truly, or that any written testimony, declaration, deposi¬ 
tion, or certificate by him subscribed is true, shall wil¬ 
fully or contrary to such oath state or subscribe any mate¬ 
rial matter which he does not believe to be true, is guilty 
of perjury, and shall be fined not more than two thousand 
dollars and imprisoned not more than five years. 

Sec. 126. Whoever shall procure another to commit any 
perjury is guilty of subornation of perjury, and punishable 
as in the preceding section prescribed. 

This statute is often of great usefulness in dealing with a 
recalcitrant suspect, even though its specific action be not 
invoked. 

FIRE REGULATIONS OF THE UNITED STATES DEPARTMENT 

OF AGRICULTURE. 

Under the acts of June 4, 1897 (30 Stat. 11), and Febru¬ 
ary 1, 1905 (33 Stat. 628), the Secretary of Agriculture is 
authorized to make rules and regulations to preserve the 
national forests from destruction, and any violation of such 
rules and regulations is punishable by a fine of not more 


9 


than $500 or imprisonment for not more than twelve 
months, or both, as provided for in the act of June 4, 1888 
(25 Stat. 166). 

Regulation T-l provides as follows: 

Reg. T-l. The following acts are prohibited on lands of 
the United States within national forests: 

(A) Setting on fire or causing to be set on fire any timber, 
brush, or grass, except as authorized by a forest officer. 

(B) Building a camp fire in leaves, rotten wood, or 
other places where it is likely to spread, or against large or 
hollow logs or stumps, where it is difficult to extinguish it 
completely. 

.(C) Building a camp fire in a dangerous place, or during 
windy weather, without confining it to holes or cleared 
spaces from which all vegetable matter has been removed. 

(D) Leaving a camp fire without completely extin¬ 
guishing it. 

(E) Building a camp fire on those portions of any na¬ 
tional forest which have, with the approval of the district 
forester, been designated by the respective supervisors 
thereof without first obtaining a permit from a forest 
officer. 

(F) Using steam engines or steam locomotives in opera¬ 
tions on national forest lands under any timber-sale con¬ 
tract or under any permit, unless they are equipped with 
such spark arresters as shall be approved by the forest 
supervisor, or unless oil is used exclusively for fuel. 

(G) Disturbing, molesting, interfering with, by intimi¬ 
dation, threats, assault, or otherwise, any person engaged 
in the protection and preservation of the forests from 
destruction, including fire fighting, cutting and removing 
dead insect-infested or diseased timber, clearing the land 
of inflammable material of any kind, or doing or making 
preparation to do these or other acts necessary for the 
protection and preservation of a national forest. 

(H) Smoking during periods of fire danger publicly 
announced by the district forester upon such areas as may 
be designated by him which may include roads and trails 
and improved camping grounds but shall not include 
improved places of habitation. 

(I) Going or being upon those portions of the national 
forests which may be designated by the district forester as 
areas of fire hazard, except with permit issued by the local 
forest officer, but no permit shall be required of any actual 
settler going to or from his home. 

It will be seen that, by the penalties above prescribed, 
offenses under sections 52, 125, and 126 are felonies, while 


10 


✓ 


those under section 53 and the departmental regulations 
are misdemeanors. 

FEDERAL JUDICIAL INTERPRETATIONS. 

The offense of setting fire to timber, etc., on the public 
domain may be committed, even if the fire is started on 
adjoining private land. Judge Wellborn, United States 
District Court for Southern California, in his charge to 
the jury in the case of the United States v. Henry Clay 
(fire trespass on the Cleveland National Forest) stated as 
follows: 

You are further charged that it is immaterial whether 
the fire of October 19, 1909, mentioned in this indictment, 
originated on private land, if it was set wilfully, and if, in 
the course of nature and in view of all the surroundings, 
the said fire would reasonably be expected to be com¬ 
municated to the public domain. A man has no lawful 
right to set fire to his own property, if he has reason to 
believe or intends that such fire will be communicated to 
the property of others and destroy it. 

With respect to the meaning of the word “ wilful ” in 
section 52, above quoted, Judge Whitson’s instructions 
(United States District Court for Colorado) to the jury in 
the case of United States v. Fisher (fire trepass on the 
Colville National Forest) were as follows: 

And, as to the third count, whether he wilfully set on 
fire or caused to be set on fire the timber, slashings, or 
grass there growing. It is charged in the third count that 
the act was maliciously done; but it is not necessary, under 
the statute, that malice be shown. It is necessary to 
show that the act must have been wilful; that is, inten¬ 
tional. Not with intent, however, to burn the public 
domains and destroy property, but purposely built the 
fire or purposely left it unattended or purposely failed to 
extinguish it. The purpose does not apply to the result, 
but to the acts charged; for one wilfully, knowingly doing 
an act is presumed to intend the consequences which 
naturally may be expected to flow from such an act. 

STATE FIRE LAW. 

The California State law relating to forest fires (section 
384 of the Penal Code as amended by the 1923 session of 
the legislature) provides as follows: 


11 


Any person who shall wilfully or negligently commit 
any of the acts hereinafter enumerated in this section shall 
be guilty of a misdemeanor, and upon conviction thereof, 
be punishable by a fine of not less than fifty nor more 
than five hundred dollars, or imprisonment in the county 
jail not less than fifteen days nor more than six months, 
or both such fine and imprisonment, except that in the 
case of an offense against subsection five of this section 
the fine imposed may be not less than ten dollars. 

1. Setting fire, or causing or procuring fire to be set to 
any forest, brush or other inflammable vegetation growing 
on lands not his own, without the permission of the owner 
of such land; provided, that no person shall be convicted 
under this section who shall have set, in good faith and 
with reasonable care, a back fire for the purpose of stopping 
the progress of a fire then actually burning. 

2. Allowing fires to escape from the control of the per¬ 
sons having charge thereof to spread to the lands of any 
person other than the builder of such fire without using 
every reasonable and proper precaution to prevent such 
fire from escaping. 

3. Burning brush, stumps, logs, rubbish, fallen timber, 
fallows, grass, or stubble, or blasting with dynamite, powder, 
or other explosives, or setting off fireworks, whether on 
his own land or that of another, without taking every 
proper and reasonable precaution both before the lighting 
of said fire and at all times thereafter to prevent the escape 
thereof; provided, that any fire warden may, at his dis¬ 
cretion, give a written permit to any person desiring to 
burn or blast as aforesaid; such permit shall contain such 
rules and regulations for the building and management of 
such fires as the State Board of Forestry may from time 
to time prescribe; and in any prosecution under this 
subsection, it shall be prima facie evidence that the 
defendant has taken proper and reasonable precautions 
to prevent the escape of such fire, when he shall show 
that he has received such a permit and has complied 
with all the rules and regulations therein prescribed. 

4. Using any logging locomotive, donkey or threshing 
engine, or any other engine or boiler in or near any forest, 
brush, grass, grain, or stubble land, unless he shall prove 
upon the trial, affirmatively, that such engines or boilers 
used by him were provided with adequate devices to 
prevent the escape of fire or sparks from smokestacks, 
ash cans, fire boxes, or other parts, and that he has used 
every reasonable precaution to prevent the causing of 
fire thereby. 

4a. Harvesting grain or causing grain to be harvested 
by means of a combined harvester, header, or stationary 


12 


threshing machine, or bailing hay by means of a hay press, 
unless he shall keep at all times in convenient places upon 
each said combined harvester, header, or stationary thresh¬ 
ing machine or hay press, fully equipped and ready for 
immediate use, two suitable chemical fire extinguishers, 
approved by the Underwriters’ laboratories, each of the 
capacity of not less than two and one-half gallons. 

4b. Operating or causing to be operated any gas tractor, 
oil-burning engine, gas-propelled harvesting machine or 
auto truck in harvesting or moving grain or hay, or mov¬ 
ing said tractor, engine, machine, or auto truck in or near 
any grain or grass lands, unless he shall maintain attached 
to the exhaust on said gas tractor, oil-burning engine, or 
gas-propelled harvesting machine an effective spark- 
arresting and burning carbon-arresting device. 

4c. It shall be unlawful during the period between May 
15 and October 31 of each year for any person, company, or 
corporation to operate any steam, gas, or electrically- 
equipped donkey or stationary engine used in any woods 
operation located in any forest or brush land without first 
clearing away all inflammable material, including snags, 
from an area of at least one hundred feet in radius about 
such engine, and without providing all such steam oper¬ 
ated engines, including logging locomotives, with an ade¬ 
quate force pump and not less than two hundred feet of 
hose of not less than one and one-auarter inches in diameter, 
and without providing and maintaining at all times for 
fire fighting purposes only a suitable box equipped with at 
least seven shovels and three axes at each such engine 
operated. It is Provided , however , that when two or more 
such engines are being operated within a distance of three 
hundred feet from each other, that only one such box 
equipped as above shall be maintained [; and Provided , 
further, that the requirements of this section shall not apply 
to logging operations in the redwood region ( Sequoia 
sempervirens )]. Any violation of this act shall be punish¬ 
able by a fine of not less than fifty dollars nor more than 
five hundred dollars, or imprisonment in the county jail 
of the county in which the crime is committed for a period 
of not less than thirty days nor more than six months, or 
both such fine and imprisonment. 

5. Refusing or failing to render assistance in combating 
fires at the summons of any fire warden unless prevented 
by good and sufficient reasons. 

6. Leaving a camp fire burning or unextinguished with¬ 
out some person in attendance, or allowing such fire to 
spread after being built. 

7. The provisions of this section shall not apply to the 
customary use of fires and of powder blasting in logging 
operations in the redwood region ( Sequoia sempervirens) nor 


13 


setting of fire on lands within any municipal corporation 
of the State. 

The State law thus defines the following offenses: 

1. (a) Setting fire to any forest, etc., growing on lands 
not his own without permission of the owner of such land. 

(b) Causing fire to be set to any forest, etc., on lands 
not his own without permission of the owner. 

(c) No person shall be convicted of offenses “ a” or “b” 
who shall have set a back fire in good faith to check a fire 
already burning. 

2. (a) Allowing fires to escape from control to the lands 
of another person without using every reasonable precau¬ 
tion to prevent such escape. 

( b ) Allowing fires to spread to the lands of another 
person. 

3. (a) Burning brush, etc., on his own land without 
taking every reasonable precaution to prevent the escape 
of fire. 

(6) Blasting with dynamite, etc., in forest or brush- 
covered land, either his own or the property of another, 
without taking every reasonable precaution to prevent the 
escape of fire. 

(c) Burning permit and compliance with the regulations 
contained therein shall be prima facie evidence of reason- * 
able and proper precaution to prevent the escape of the 
fire. 

4. (a) Subsection 4 puts the burden of proof on any 
person using any engine or boiler in or near any forest, 
brush or grass land to show that such engine or boiler was 
provided with adequate devices to prevent the escape 
of fire or sparks, and that he has used every reasonable 
precaution to prevent the causing of fires thereby. 

(b) (Subsection 4a.) The use of grain harvesters, 
headers or threshing machines, or hay presses, unless they 
are equipped with approved fire extinguishers. 

(c) (Subsection 4b.) The operation of gas-propelled 
tractors, harvesting machines, or auto trucks, or other 
oil-burning engines, without effective spark and burning 
carbon-arresting equipment. 

(d) (Subsection 4c). Operating a donkey engine be¬ 
tween May 15 and October 31 of each year in any forest 
or brush land without taking the precautions specified, 
the redwood region being excepted. 

(e) The moving of any such machines or engines in or 
near any grass or grain land without such equipment. 

5. (a) Refusing or failing to render assistance in com¬ 
bating fires at the summons of a fire warden unless pre¬ 
vented by good and sufficient reasons. 


14 


6. (a) Leaving a fire unextinguished on departing from 
camp. 

(6) Allowing a camp fire to spread after building. 

STATE LAW INTERPRETATIONS. 

A number of successful prosecutions have been made 
under section 16 of the general laws of 1905, which provides 
that a person may be punished for burning on his own land 
at certain seasons except under the supervision of and with 
the written permission of a State fire warden. The section 
follows: 

Sec. 16. It shall be unlawful between May fifteenth and 
October thirty-first, for any person or persons to burn 
brush, stumps, logs, fallen timber, fallows, slash, or grass 
brush or forest covered land or any other inflammable 
material or to blast with dynamite, powder or other ex¬ 
plosives, or set off fireworks of any kind in forest, fallows, 
grass or brush covered land, either their own or the prop¬ 
erty of another, unless done under a written permit from 
the State forester or his duly authorized agent, and in strict 
accordance with the terms of the permit; these restrictions 
not to apply to the ordinary use of fire or blasts in logging 
in the redwood region (Sequoia semper virens). Provided, 
however , that no written permission shall be necessary to 
burn inflammable material in small heaps or piles, where 
the fire is set on a public road, in door yard premises, cor¬ 
rals, gardens, or plowed fields at a distance not less than 
100 feet from any woodland, timber, or brush covered land 
or field containing dry grass or other inflammable mate¬ 
rial. Any violation of this section is punishable by a fine 
of not less than fifty dollars or more than five hundred dol¬ 
lars or imprisonment for not less than thirty days nor more 
than six months in the county jail of the county in which 
the crime is committed, or both such fine and imprison¬ 
ment. 

Forest officers have no jurisdiction over fires wholly on 
Indian reservations; but Indians setting fires or causing 
fires to be set, whether on reservations or not, which fires 
spread to national forest lands, are subject to the above 
laws in respect to these offenses. If it is desired to arrest 
an Indian on a reservation for such a fire, this should be 
done through the Indian agent. 

It is doubtful if there is statutory authority by which an 
officer can commandeer property, such as an automobile, 


along with the personal assistance required by the State 
fire law, either in pursuing a criminal or fighting fire. 
Such action, which is common by city police, may get by, 
but forest officers should not attempt such tactics. 

CIVIL LAWS. 

The civil laws are too voluminous for reproduction here, 
and their application is too complex to be attempted by 
a layman. It is of sufficient importance for note here, 
however, that chapter 264, California Laws of 1905, as 
amended in 1919, gives to the United States the right, 
heretofore limited to the State and counties, of recovery 
in a civil action of double the damages sustained from 
man-caused fire, if the fire occurred through willfulness, 
malice, or negligence, but only the actual damage if the 
fire occurred or escaped accidentally or unavoidably. In 
either case the full costs incurred in fighting any such fires 
may also be recovered. 

In order to hold for costs or damages, in a civil action, 
an owner of land on which a fire is burning, in event of 
the escape or spread of the fire to national forest land, the 
following things must be observed at the time of the fire: 

1. The owner must be notified of the existence of fire 
on his land, together with its size and degree of danger, 
and the nature and probable cost of the measures required 
to combat it. 

2. This notification must be in time to give him reason¬ 
able opportunity to take the required action before it 
spreads to national forest land. 

3. If he then takes measures which are not adequate, 
it must be proved, both that they were in fact inadequate, 
and that he was informed what measures would be ade¬ 
quate and necessary. 

4. No action must be taken by the Forest Service to 
fight such a fire, before it has spread to national forest land, 
until the owner has commenced action on it, or has had 
a reasonable time in which to do*so. 

It should be noted that the above has no reference to 
criminal prosecutions. 

42956—23 - 2 



16 


DECIDING ON THE PROPER COURSE OF ACTION. 

In respect to trespasses there are, in general, the follow¬ 
ing possible actions: 

A. Legal: 

1. Criminal. 

a. State. 

b. Federal. 

2. Civil (costs, damages, injunctions, etc.); always 

Federal so far as concerns national forests. 

B. Administrative: Revoking of permits or refusal of 
new ones, cancellation of priorities or reduction of num¬ 
bers (in grazing permits), etc. 

In cases of willful fires, criminal action is mandatory 
whenever evidence can be secured sufficient to sustain 
it, and is usually so in the case of negligent fires originat¬ 
ing on the national forests. The effort to secure such evi¬ 
dence is equally mandatory. Criminal action may also 
be desirable in many other cases. 

Whenever substantial damage has resulted to the 
national forest, however, the desirability of instituting 
civil suit must be considered; and, if the trespasser is a 
forest user, whether administrative action shall be taken. 
In some cases civil or administrative action may be in 
addition to criminal action, in others an alternative to the 
latter. Damage suits are only of value when the tres¬ 
passer has sufficient assets to satisfy a judgment, if 
obtained. Decision in respect to civil or administrative 
action lies with the supervisor or district forester. 

The trespass investigator must bear these facts in mind 
and make report on Form 874-20 to the supervisor imme¬ 
diately, or as soon as necessary data can be obtained, in 
all cases where civil or administrative action may be a 
possibility, in accordance with the Trespass Manual. 

In all cases involving criminal responsibility, however, 
he must protect his own work by proceeding with his 
investigation, pending further instructions, as energeti¬ 
cally as if no other action were possible. 

Criminal action .—Actions brought under Federal 
statutes, or regulations of the Department of Agriculture, 


IT 


must be brought in Federal courts, and those under State 
statutes in State courts. 

For example, the offenses of allowing fires to escape 
from the control of the person having charge, or of allow¬ 
ing fires to spread to the lands of another person without 
using every reasonable and proper precaution to prevent 
such escape, should be taken up under the State law, since 
the Federal law and regulations do not include them. 

This restriction would not be true, however, if the fire 
was willfully set with the purpose of communicating it 
to other land. When it can be proved that fires set on a 
national forest were prearranged by two or more persons, 
prosecution is also possible in the Federal courts on the 
felony charge of conspiracy, under section 37 of 35 Stat. 
1096, cited above. Conspiracy, however, is an exceed¬ 
ingly difficult thing to prove, and the working up of such 
a case usually requires considerable detective ability. 

When an offense is covered by both State law and 
Federal law or regulation, choice of court may depend 
either upon which law covers the case best, in view of 
local circumstances, or the nature of the evidence avail¬ 
able, or upon the speed which may be expected In the 
respective courts, together with the attitude of the officials 
who would have to be concerned or of public sentiment in 
the local communities where minor courts would sit and 
from which juries would be drawn. Especially when a 
suspect can be brought to plead guilty, the justice’s court 
is usually the quickest and best resort. 

Justices’ courts have jurisdiction only over crimes pun¬ 
ishable by a fine of not over $500 or imprisonment of not 
over six months. This, however, covers the maximum 
penalties provided by section 384 of the State Penal Code. 

A crime commenced in one county and finished in 
another can be prosecuted in either county. 

Theoretically, acquittal in a justice’s court constitutes 
no legal bar to a prosecution in a Federal court for the same 
offense, provided the case is one of which the Federal court 
can take appropriate cognizance, but in practice Federal 
authorities are reluctant to prosecute such cases. A serious 
miscarriage of justice, leading to an acquittal in the lower 


18 


court, must be shown before the assistant to the solicitor 
will recommend further prosecution. 

Rewards are offered by Department of Agriculture regu¬ 
lation (see N. F. Manual, Regs. T-2 and T-4) in fire and 
property trespass cases. 

As a summary, then, the State law is limited to misde¬ 
meanors, but is usually speedier in action than the Fed¬ 
eral. It is necessarily used in cases covered only by it, 
and is preferable for the less important cases covered by 
both State and Federal laws, when a plea of guilty can be 
secured, and in jury actions if official cooperation and fa¬ 
vorable community sentiment are reasonably assured. 
The Federal law is preferable in flagrant cases and where 
it is desirable to get a case away from adverse local preju¬ 
dice in order to obtain trial on its merits; and it is neces¬ 
sary for violations of Federal laws or regulations not 
covered by the State law, for conspiracy cases, and when 
it is desired to offer reward. A Federal prosecution is 
much more effective as a future deterrent in aggravated 
cases, because of greater penalties in case of conviction. 

Great care should be taken, however, that the defend¬ 
ant does not get the impression that the investigating 
officers will allow him to plead guilty to a minor offense 
in a lower court rather than to take chances with their 
evidence before a Federal jury. 

Action in Federal cases must be under the direction of 
the assistant to the solicitor, and should have his counsel 
on all legal difficulties in State cases. All but the clearest 
justice’s court cases will require report on Form 874^20, 
as provided in the manual, by the ranger or other investi¬ 
gator for decision as to action. 

Civil actions .—Civil actions brought by the United 
States must be in a Federal court, under the direction of 
the district assistant to the solicitor. When civil action 
may possibly be in addition to criminal action, the report 
on Form 874-20 must be especially explicit with respect 
to the evidence available for criminal action, since crimi¬ 
nal action instituted in advance of a civil action for the 
same offense and resulting in failure is almost certain to 
kill the chance of success of the civil suit. 


19 


In addition to data on damage to the United States, the 
Form 874-20 report should also give information on the 
probable possession by the trespasser of assets sufficient 
to meet a civil judgment, as well as the probable effect 
of the damage suit in question upon the sentiment of the 
community. These are points often requiring considera¬ 
tion in connection with such suits. 

Administrative action. —Whenever a person responsible 
for a fire is a forest user, and especially if his guilt is 
convincingly established in the mind of the investigator, 
but the nature of the case or of the evidence available is 
such as to make successful criminal prosecution doubtful, 
the report on Form 874-20 should present specific recom¬ 
mendations, fully explained, with respect to appropriate 
administrative action. A similar report should also be 
made with respect to users who, though not directly 
responsible for fires, fail to make proper effort to extinguish 
them in accordance with the terms of their permits, who 
refuse to fight fire or to give information, or otherwise fail 
to aid when requested in the prosecution of those respon¬ 
sible for trespasses. 

ARSON. 

Section 447 of the California State Penal Code defines the 
crime of arson as the willful and malicious burning in the 
nighttime of an inhabited building in which there is at 
the time a human being. All other kinds of arson are of 
the second degree. Both degrees of arson are, however, 
felonies and are tryable in superior courts. 

An inhabited building is any building which is usually 
occupied by some person at night. To constitute a burn¬ 
ing within the meaning of the law it is not necessary that 
the building be destroyed. It is sufficient that fire is 
applied so as to take effect upon any part of the substance 
of the building. 

This law applies to the destruction of any ranger station, 
lookout house, or other inhabited building belonging to the 
Government. The thorough investigation of such cases 
should not be left to local authorities, as much valuable 
time may be lost in getting in touch with such officers. 


20 


Burning structures, etc., not the subject of arson .—Section 
600 of the California State Code is as follows: 

Every person who wilfully and maliciously burns any 
bridge exceeding in value fifty dollars, or any structure, 
snowshed, vessel, or boat, not the subject of arson, or any 
tent, or any stack of hay or grain or straw of any kind, or 
any pile of baled hay or straw, or any pile of potatoes, or 
beans or vegetables, or produce of fruit of any kind, 
whether sacked, boxed, or crated, or not, or any growing 
or standing grain, grass, or tree, or any fence, or any railroad 
car, lumber, cordwood, railroad ties, telegraph or telephone 
poles, or shakes, or any tule land or peat ground of the value 
of twenty-five dollars or over, not the property of such 
person, is punishable by imprisonment in the State prison 
for not less than one year nor more than ten years. 

FISH AND GAME. 

The fish and game laws are too voluminous for reproduc¬ 
tion here. Every forest officer must have, as a part of his 
law-enforcement equipment, a copy of the latest edition 
of the fish and game laws of the State in which his district 
lies. The fish and game laws of California, as published 
in pocket pamphlet form by the State Fish and Game 
Commission, contain also the Federal laws and regulations 
relating to migratory birds. Copies can be obtained on 
request to the district forester. 

REGULATIONS. 

In addition to the preceding, Department of Agriculture 
Regulation T-7 provides as follows: 

Reg. T-7a. The going or being upon any land of the 
United States, or in or on the waters thereof, within a 
National Forest, with intent to hunt, catch, trap, wilfully 
disturb or kill any kind of game animal, game or nongame 
bird, or fish, or to take the eggs of any such bird, in viola¬ 
tion of the laws of the State in which such land or waters 
are situated, is hereby prohibited. 

This regulation brings violation of the State fish and 
game laws into the jurisdiction of the Federal courts, when 
it is desirable to invoke their action. An important point 
is that this regulation permits prosecution for intent. 


21 


COURSE TO PURSUE. 

Legal action —In fish and game violation legal action 
will be criminal only. Whenever this can be done in 
cooperation with the State Fish and Game Commission 
or their wardens effectively, and without excess cost in 
time and money to the service, it should be done. Their 
cooperation will often divide the time and cost of the 
necessary work. 

In some cases, however, their men may not be located 
so that they can promptly undertake specific investiga¬ 
tions or prosecutions. Game refuges also present aspects 
which may require independent action, since it has been 
ruled by the courts that these refuges must be properly 
posted and patrolled before action against offenders upon 
them is possible in the State courts. Action in such cases 
may be taken, under Regulation T-7, in the Federal 
court, provided the offender can be caught on Govern¬ 
ment land, and that fact proved to the court. 

GRAZING. 

REGULATIONS. 

Grazing trespass is almost wholly governed by Forest 
Service Regulations T-6 and terms of permit. For con¬ 
venience the following is reprinted from the National 
Forest Trespass Manual: 

The following acts constitute trespass: 

Allowing stock not exempt from permit to drift and 
graze on a National Forest without permit. 

Grazing or driving stock not exempt from permit on 
National Forest land without permit. 

Violation of any of the terms of a grazing or crossing 
permit. 

Refusal to remove stock upon instructions from an 
authorized forest officer when an injury is being done to 
the National Forest by reason of improper handling of the 
stock. 

COURSE OF ACTION. 

Legal action in grazing cases, whether criminal or civil, 
falls in the Federal court. Questions of civil or adminis- 


22 


trative action are especially important in grazing trespass, 
and the supervisor must be kept in correspondingly close 
touch with all developments, especially by Form 874-20 
report. 

The first distinction lies between permitted and non- 
permitted stock. 

In the case of nonpermitted stock, legal action is the 
only recourse. If material damage has resulted to the 
national forest, a civil suit should be brought against the 
owner. Criminal action can also be instituted if the 
gravity of the case warrants. If the damage is slight, 
criminal action only should be resorted to. When for 
any reason neither civil nor criminal action against 
an owner of trespassing nonpermitted stock seems feasible, 
and settlement of damages can not be obtained, such 
settlement should be required as a condition of favorable 
action if the trespasser applies for a permit in the future. 
When any grazing trespass involves negligence or know¬ 
ing participation, on the part of the herder or other per¬ 
son in charge of the stock, criminal action should be 
brought against him, either with or without action against 
the owner. 

In the case of permitted stock, both legal and adminis¬ 
trative action are possible. Double penalty should 
never be invoked, however, and revocation of permit is 
usually a greater penalty than any possible damages or 
fine. The gravity of the offense and the effect of possible 
actions upon the permittee should always be considered. 
Only in aggravated cases should the permit be revoked; 
in lesser cases where disciplinary measures appear prefer¬ 
able to legal action, reduction or some less severe adminis¬ 
trative action than revocation should be chosen. Damage 
suits should be brought only when the damage is com¬ 
mensurate with the cost of the action, and when the 
trespasser has sufficient assets so that damages can be 
recovered. Criminal prosecution should be used more 
than in the past, especially with respect to herders, 
provided there is no opening for a just charge of prosecuting 
subordinates only, when their principals are responsible 
for the trespass. 


23 


Suits can not be brought by the Forest Service for 
trespass on private land waived under Regulation G-7. 
This is often an obstacle to effective grazing enforcement. 

With respect to trespass on mineral return (R. R.) land, 
the possibility of damage suit is doubtful, although not 
so clearly excluded as on waived land. 

TIMBER. 

On timber trespass, covered by Regulation T-5, see 
under “Duties,” page 1. 

OCCUPANCY. 

REGULATIONS. 

In occupancy trespass, as covered by Regulation T-8, 
the provision under which law-enforcement investiga¬ 
tion will most often figure is probably clause (B) requiring 
occupancy, structures, etc., on claims to be “for the 
actual use, improvement, and development of the claim, 
consistent with the purposes for which it was initiated.” 
This provision should cause a careful scrutiny of wildcat 
mining claims and others, which are still in some localities 
being used as a cover for the enjoyment of uses or benefits 
not consistent with the purposes for which the claims were 
initiated. 

COURSE OF ACTION. 

Action in occupancy trespass will be mainly legal, and 
this almost entirely civil. This will require uniform 
reference of cases to supervisor and district forester for 
decision on action to be taken. Civil action may be for 
injunction, ejectment, cancellation of easements or other 
rights not legitimately used, or for quieting of title, etc. 
Legal action will lie in Federal courts only. 

Administrative action would figure only collaterally, 
as in fire cases, but should not be overlooked when the 
trespasser holds any forest permit. 


24 


PROPERTY. 

LAWS AND REGULATIONS. 

Property trespass, as provided for by Regulation T-3 r 
covers only defacement, damage, or destruction, etc., to 
Government property, including notices and signs, or 
going or being upon national forest land with intent to 
commit the same. Property offenses Avhich may require 
law-enforcement investigation and prosecution may in¬ 
clude robbery or theft under the Criminal Code, act of 
March 4, 1919, sections 46 or 47 (35 Stat. 1097), which 
provide as follows: 

Section 46. Whoever shall rob another of any kind or 
description of personal property belonging to the United 
States, or shall feloniously take and carry away the same, 
shall be fined not more than five thousand dollars, or 
imprisoned not more than ten years, or both. 

Section 47. Whoever shall embezzle, steal, or purloin any 
money, property, record, voucher, or valuable thing what¬ 
ever, of the moneys, goods, chattels, records of property of 
the United States, shall be fined not more than five 
thousand dollars, or imprisoned not more than five years, 
or both. 

Section 48 of the same statute also provides similar penal¬ 
ties to those of section 47 for knowingly receiving, conceal¬ 
ing, etc., Government property stolen as in section 47. 

Section 60. Whoever shall wilfully or maliciously injure 
or destroy any of the works, property, or material of any 
telegraph, telephone, or cable line or system, operated or 
controlled by the United States, whether constructed or 
in process of construction, or shall wilfully or maliciously 
interfere in any way with the working or use of any such 
line or system, or shall wilfully or maliciously obstruct, 
hinder, or delay the transmission of any communication 
over any such line or system, shall be fined not more than 
one thousand dollars, or imprisoned not more than three 
years, or both. (Act of March 4, 1909, 35 Stat. 1099.) 

DESTROYING OR TEARING DOWN NOTICES. 

Section 616 of the California State Penal Code is as 
follows: 

Every person who intentionally defaces, obliterates, 
tears down, or destroys any copy or transcript or extract 
from or of any law of the United States or of this State, or 
any proclamation, advertisement, or notification set up at 


25 


an^ place in this State by authority of any law of the 
United States or of this State or by order of any court, 
before the expiration of the time for which the same was to 
remain set up, is punishable by fine of not less than 
twenty nor more than one hundred dollars, or by imprison¬ 
ment in the county jail not more than one month. 

WHEN ANY OFFENSE IS COMMITTED NEAR THE BOUNDARY 
LINE OF TWO COUNTIES. 

Section 782 of the California State Penal Code states: 

When a public offense is committed on the boundary 
of two or more counties, or within five hundred yards 
thereof, the jurisdiction is in either county. 

Legal actions in property offenses will be in Federal 
court, if a Federal law or regulation is involved, and will 
in most cases be criminal. Civil action for the recovery 
either of damages or the property itself (replevin) is not 
precluded, and may be either in addition to criminal 
prosecution or as an alternative to the latter. But the 
expediency of damage suits is questionable here more 
often than in most other trespasses on account of financial 
irresponsibility of the trespasser. 

INVESTIGATION. 

GENERAL METHODS. 

Qualifications .—The greater a man’s ability the more he 
can accomplish in this as in any other work. Qualifica¬ 
tions peculiarly necessary for an investigator are observa¬ 
tion, common sense, industry. Nothing is so small as to be 
safely overlooked; a whole case may turn on what seems a 
most unimportant detail. On the other hand, many 
details are unimportant. The correct judging of impor¬ 
tance hinges largely upon the imaginative power to picture 
constantly in the mind the whole case and its probable 
development. Beware of letting anything go as unim¬ 
portant without thus carefully weighing it. 

Catching a crimifial is a battle of wits; the one who 
thinks hardest all the time wins. No stone can be left 
unturned, no reasonable theory left untried. Success in 
difficult cases requires special aptitude as well as 


26 


experience. Only by hard work and hard thinking, 
concentration of every energy on the one issue in hand, 
and whole-hearted devotion can anyone carry this work 
to success in spite of discouragements, apparently un¬ 
sol vable problems, and unfavorable jury decisions when 
it seemed that the case would not go wrong. 

Preliminary information .—Success demands thorough 
preparation. This includes not only a knowledge of the 
laws and procedure governing the work, but of the details 
of all lawless regions, such as topography, trails, and other 
get-away avenues; of the persons, existing in every com¬ 
munity, who know all about the rest of the community, 
and the cultivation of their good will so that one may turn 
to them for information when necessary; of the habits, 
rendezvous, and associates of general community suspects 
and of their family, business, and other relationships, so 
that in seeking information from others you may not 
unwittingly kill your own case by approaching one of their 
close sympathizers; and even of the interior arrangements 
of their houses and residence premises, against the possible 
necessity of serving search warrants there. 

Starting out .—Investigative work, especially in fire 
cases, demands even greater speed in get-away than does 
suppression. If footprints lie for days, or even until after 
the suppression crew has tramped over the ground, before 
they are investigated, not only may they be obliterated 
by others but the defense will not be slow to take advan¬ 
tage, in a trial, of the possibility that tracks proved to be 
those of the defendant could have been made after the 
offense was committed. The latter danger applies to 
other trespasses as well as fire. The only safety lies in 
starting investigation on the ground with all possible 
speed. 

How many men .—Never rush in a mob. Unless some¬ 
thing is wrong with the protection organization, even fire 
suppression should not require sending many men at first. 
For investigative purposes two will be best, providing for 
witness and assistance, while reducing the chance of con¬ 
fusion and obliteration of clues. The matter of assistance 
is specially important in case of arrest, in order to give the 


27 


investigator some one with whom to leave the arrested 
person if it should be necessary for the investigator to go 
elsewhere or to attend to other business. 

Equipment .—To get away quickly, the investigator 
must have his equipment packed and ready beforehand. 
A notebook is one of the most essential items. Every¬ 
thing must be written down; no detail is too small. This 
becomes particularly important when the case must be 
taken up later by a special investigator who has not 
participated in the initial hunt for clues. Each searcher 
for clues should also have a map. A United States Geo¬ 
logical Survey quadrangle, or a forest recreation map, if 
accurate, is the most convenient base map on which to 
keep the general layout. 

What to do .—The first man or men at a fire must either 
take up the hunt for clues or insure that these will not 
be destroyed until the investigator can get there. They 
should see that fire fighters are kept from crowding around 
the fire until the ground has been looked over for evi¬ 
dence, and they must make all 'fire fighters stop horses 
and keep off the trails themselves, for at least 100 yards 
from the origin of the fire. Require men in charge of 
fire fighting to keep eyes open for clues and to note people 
met on trails, with time of meeting, especially outsiders 
first on the scene of a fire; to keep ears open for boastful 
or antagonistic remarks of fire fighters, who may them¬ 
selves have set the fire or know who did; and to report 
anything learned at once to the district ranger or other 
investigator. 

SEARCHING FOR CLUES. 

What are dues ?—No deed is done without leaving clues; 
the only question is the investigator’s ability to find them. 
A no-clue case means only that he was not up to the scratch 
in finding them. 

Anything is a clue which has any connection with the 
offense or its author. Tracks, camp-fire or lunch remains, 
‘‘plant” used to set off a fire, blanket or other threads 
pulled off by brush or trees, hairs, scraps of paper or other 
things carelessly or unintentionally left by the offender, 


28 


etc., are examples. A good working rule is that' every¬ 
thing is to be held as a clue which can not be accounted 
for without reference to the offense. While all things 
unaccounted for are clues, they do not become evidence 
until their connection with the action of the suspect is 
clearly shown. 

Some things, such as tracks, the forest officer can inter¬ 
pret better than any outside expert—in other words, he 
is himself the best expert. Other things can only be 
interpreted by those with special training; for example, 
the microscopist, the chemist, or other specialist. Not 
even the smallest thing is unimportant until it is certain 
that it has no useful connection with the case. 

The working theory .—To guide the investigator in the 
interpretation of clues or evidence two things are neces¬ 
sary: (1) Every bit of knowledge he can gather before 
leaving for the scene or on the way, as to the offense, 
including its occurrence, surrounding circumstances, and 
probable author and motive; (2) the building of a mental 
picture or reconstruction of all that he knows of the case. 
This must be constantly building and constantly revised. 
Nothing else will prevent wandering, loss of time, and 
possible failure. At the start it may consist only of a 
“hunch” as to who set the fire or where to look for clues; 
but every new thing found will contribute to it. This 
mental reconstruction or theory of the case is the indis¬ 
pensable bridge by which to cross from the initial clue to 
the completion of the case. 

How to search .—On arriving at the scene first locate the 
critical point; for example, the origin of a fire. If the 
point of origin is not evident, beware of jumping to con¬ 
clusions; the incendiary or other criminal does not do the 
obvious thing if he has sense. Then examine minutely 
the immediate area. System is absolutely necessary in 
this search. Go carefully around the point of investiga¬ 
tion, widening the circles each time, but keeping them 
close enough together (say 3 feet apart at first) to make 
sure that every foot of ground is minutely examined. 
Drop markers to show where each circle ends. 


29 


Notebook record .—Record must be kept of everything 
found and done, and of all conversations held or inform¬ 
ation learned. Court proof can depend on nothing less 
than definite written record. Describe everything found, 
and record items in the definite order in which they occur. 
The time of every occurrence or find, and of every note¬ 
book entry, should be recorded. Also be sure to get from 
suppression foreman, or other sources, the exact time fire 
was started, discovered, fighting commenced, etc., time 
persons were met on trails, and all other significant cir¬ 
cumstances. The time record is essential, and it will be 
sure to fall down unless all concerned cultivate a look-at- 
the-watch habit. 

The notebook record must contain everything. It 
must also be in orderly enough form for immediate use. 
For both these reasons it is essential that the recording of 
notes keeps pace with the discovery of clues. This takes 
time; but end-of-day writing-up will not wbrk and can 
not be tolerated on this job. 

Map record .—An accurate map is the best means of 
showing many of the facts of trespass, for the trespass 
report or in court, and is necessary in every case. The 
held draft of this map can be prepared on the ordinary 
map forms. 

Look over the map when made, to be sure it is complete. 
Especially in maps of a man’s trail, as w r ell as of streams, 
be sure to indicate direction of movement by arrows. 

Handling evidence material .—Do not touch any objects 
found which will figure as clues or evidence until they 
have been accurately described and, if possible, photo¬ 
graphed in place. Then pick them* up and see if there 
is anything further to be described which was not evident 
in place; but pick up nothing which might have been 
handled by the offender, except by the edges or corners. 
This is imperative because of possible fingerprint evidence, 
which the investigator’s fingerprint might obliterate. 
A good suggestion is to handle such material only with 
gloves kept carefully cleaned by gasoline. 

When anything is found, ask yourself at once: What will 
be necessary to establish the identity and authenticity 


30 


of this if needed as evidence in court? Collateral support 
or corroboration of evidence may be necessary: a witness 
to its finding is also invaluable. By getting everything 
required at the same time, you will be saved the annoy¬ 
ance of a second trip. In any case the finder must put 
on every object found a private mark, in a hidden or 
inconspicuous place, by which he can himself identify it 
in court as the identical object found. This, together 
with the notebook record of the circumstances of finding, 
in chronological order, is the best safeguard against an 
intimation by a shrewd defense attorney, to the possibly 
serious prejudice of a .jury, that evidence has been 
“planted” by the prosecution. 

All objects which it may be desired to use as evidence 
should be guarded with the utmost care, to avoid possi¬ 
bility of loss, or their purloining by the defendant or his 
sympathizers^. The district ranger, or special investi¬ 
gator, should take personal charge of all such articles, 
unless it be convenient to turn them over to the custody 
of a United States marshal or a sheriff. In the latter case, 
the forest officer so turning them over must, of course, 
take a receipt, and so note them in his notebook record 
that they will not be overlooked in working up his material 
for the case. This care in having such objects under 
continuous and responsible custody is also a safeguard 
against suspicion of “planting. ” 

THE PLAN OF CAMPAIGN. 

The case to be built up must be: 

(1) True. 

(2) Complete. 

(3) Proved by evidence which will stand in court and 
convince a jury. 

(1) The true case starts with a few facts and a tentative 
theory based upon them and upon best surmises. When¬ 
ever new clues or facts are found, ask yourself (a) W T hat 
instructions, if any, are there in respect to a situation like 
this? (6) What does this act mean? (c) On the basis of 
facts to date, if I were the criminal, what would I do next? 
Sit down and smoke a pipe over it, if that will help. 


31 


There is no time to be wasted, but right interpretation of 
facts and right action respecting them are so essential 
that the time necessary to insure these will yield bigger 
dividends than undue haste. Moreover, most of us find 
general instructions so difficult to apply to concrete cases 
that it requires specific and conscious effort; but to do it 
is a constant necessity until one becomes very familiar 
with the instructions. Most of the past failures in law 
enforcement have been on points directly covered by 
unheeded instructions. No instructions are beyond 
improvement; but every investigator will be held responsi¬ 
ble for following them, unless other action is proved better 
by actual results. 

With respect to the working theory, the simplest one 
which will explain the facts is always preferable; but 
the theory is never complete until the case is closed. 
At all times, but especially at first, when the theory is 
based on few facts, it must be lightly held, subject to 
modification at any time by what shall be discovered 
next, regardless of whether the new evidence agrees with 
the previous theory or not. 

Such open-mindedness, viewing every new fact on its 
own merits, is harder to maintain than many people 
suppose, and requires constant and definite effort. It is 
extraordinarily easy to overvalue new facts which coin¬ 
cide with the theory already built, and to undervalue those 
which do not. Nothing is more fatal to success or more 
common among inexperienced investigators than a pre¬ 
conceived theory which its holder will not change when 
evidence contrary to it appears. Therefore it is neces¬ 
sary every little while to review one’s theory systemat¬ 
ically in the light of all facts. Especially beware of 
believing that any given man could not have set the 
fire—believe your evidence; in investigation reverse the 
legal rule and believe anybody guilty until he is proved 
innocent. Beware of thinking the criminal could not 
have made so big a blunder, when such apparently 
develops—he usually does blunder somewhere, otherwise 
he would never be caught. 

42956—23-3 



In building a sound theory there are four steps: 

(a) Clearly define the problem. This may not be what 
it first appears: be sure you know what the difficulty is. 

( b ) Cast about for possible solutions—not only the 
first one which occurs to you, but as many as you can 
figure out; then compare their merits and select the most 
probable one. 

(c) Reason out the developments of this idea to its 
logical conclusion. 

(d) Constantly test your theory by searching for further 
evidence or by experiment. Keep your eyes open for 
evidence indicating some other theory as more probable 
and give honest weight to it. 

(2) The complete case. —To be complete, the case must 
answer the following questions: (a) What was the offense? 
(h) Where was it committed? (c) When was it committed? 
( d ) How was it accomplished? (e) Who did it? (/) Why 
did he do it? 

Memorize these six words: what, where, when, how, 
ivho, why, and frequently test by them the completeness 
of both your theory and the facts so far actually estab¬ 
lished. This will be one of the greatest helps in planning 
what remains to be done. 

(3) The case uhich will stand in court. —Proof which will 
convince a jury “beyond a reasonable doubt,” and which 
is necessary for a criminal trial, is much more difficult 
to establish than a case which will satisfy the investi¬ 
gator. Individual judgments take much knowledge 
for granted, but a court must, generally speaking, 
have actual proof of every material point. If you hear 
a shot, for example, and on going in the direction of the 
sound find a man standing over a dead doe, you will 
not be long in reaching a conclusion. But if you arrest 
him while he is only looking at the deer, you are liable 
to lose your case in court. You might possibly be able 
to find some one who saw him shoot and the doe fall. 
If he takes possession, however, you have him on that 
count, whether you can prove that he killed it or not 
Whenever a fact is found which points to a material con¬ 
clusion, ask yourself: (a) Does this sufficiently prove the 


oo 

O') 


conclusion? (6) What else, if anything, will be neces¬ 
sary to establish or corroborate it in court? 

A jury will be convinced only by a complete chain of 
circumstantial evidence, both as to facts and the proof 
that they are facts. Constantly review this chain while 
following clues, to be sure no link is omitted. Also bear 
in mind that any one chain may be broken somewhere 
by the defense; therefore build all the lines of evidence 
possible to your conclusion. 

SPECIAL CLUES. 

Tracks .—Tracks are among the most important clues. 
If a fire is set or other offense committed by human agency, 
a man walks or rides there to do it. He may cover up his 
tracks in the immediate vicinity of the offense, or they 
may be burned over or obliterated by others. Farther 
away from the fire he will settle down to normal gait. If 
no tracks are found at or near the origin, it will be neces¬ 
sary to widen out. This wider search should begin at the 
most likely point; but until the tracks are found the search 
should be conducted on a rigid system, so that no area 
will be overlooked. If it is possible to get wind of the 
present whereabouts of the suspect, the investigator should 
of course cut away and get him, leaving assistants to con¬ 
nect up the complete trail for use as evidence, or post¬ 
poning this until the suspect is disposed of. For the man 
who has gone in pursuit of the suspect it saves time and 
is usually just as effective to take up the completing of 
the trail backward from the point where the suspect is 
taken to the point where it was previously left. 

Identification of tracks .—Study of details is essential; 
dimensions and shape of imprint, nails (present and miss¬ 
ing), seams, creases, cracks, or other distinctive marks; 
wear, repairs; age of track, methods of putting down the 
foot (twist as foot strikes the ground, etc.), angle of feet 
(toes out, straight ahead, or in), and differences between 
the feet in this angle, if any; barefoot, smooth, or rough¬ 
shod horse tracks, specially shaped or weighted shoes, and 
gait of animal (as trot or pace). 


34 


Age of track .—This is shown by sharpness of impres¬ 
sion, by moisture and color, whether leaves and dirt lumps 
have fallen into it, or tracks of insects, birds, etc., or other 
man-caused tracks, have crossed it, and by the condition 
of broken green twigs, etc. A trail made at night is often 
known by the way it bumps into or makes detours around 
obstacles. Whether a horse was ridden or led may some¬ 
times be shown by the trail passing under or around low- 
hanging limbs. 

Other indications .—Speed may be approximately shown 
by degree of slide at heel, depth of heel edge and toe edge, 
length of drag of toe, and distance between tracks. The 
class of person or animal can sometimes be deduced from 
tracks (high-heeled vaquero boots, new or pointed toe 
city man’s shoes, horseshoes v. mule shoes, etc.); also 
whether drunk or sober; carrying burden or free (feet 
wider apart, steps shorter and more unsteady with burden); 
and existence of. bodily defects (step is shorter on lame 
leg, injured knee, or hip twists, foot tracks, etc.). A 
confidential talk with the local shoemaker or blacksmith, 
if there is one, will often throw light on the ownership of 
shoes which make a peculiar track. 

Following tracks .—This requires skill and experience. 
Points sometimes overlooked are the following: In dry 
pine needles breakage or minute differences in color are 
often discernible on hands and knees, though the needles 
have sprung back to position and no trace is visible while 
standing. Tracks in dry grass also require extremely close 
attention. Barring wind, grass will usually hold what 
impression is made until the coming of night dew, fog, or 
rain. Through brush a trail can be followed by broken 
or skinned twigs near the ground when it is invisible on 
the ground itself. When the trail is broken or lost, circle 
ahead in the probable direction of the trail; stakes set by 
tracks found will help to line up the course. 

Comparing tracks .—To convince a jury, it is necessary 
to identify tracks found with known tracks of the suspect. 
A track may be compared with a foot or shoe for identify¬ 
ing marks, but in respect to dimensions it is better to com¬ 
pare tracks, and also moving tracks with moving tracks, 


since tracks made in soft earth, especially at high speed, are 
always shorter than the foot making them because of the 
push toward center at heel and toe. 

Getting check tracks for comparison is often ticklish 
business. An innocent man should not object to letting 
his track be measured, but he may take offense at the 
suspicion. Tact should be exercised not to antagonize 
innocent persons, although no one can be assumed to be 
innocent. If the evidence points to guilt, the tracks must 
be obtained. This is sometimes possible by indirection. 
In the case of human tracks, get the suspect to come out¬ 
side on some pretext and lead him across ground where he 
will leave a good track, which can be measured afterwards. 
Horses’ tracks may be measured in the same way. If the 
owner objects, use a search warrant. 

Auto tracks .—How to tell the travel direction of autos 
puzzles many investigators. On earth roads the follow¬ 
ing are indicators: Pattern imprint of nonskid tires, which 
is steeper and more distinct on the rear side of each in¬ 
dentation; stones which are shoved ahead by wheels, the 
track of the stone usually being intact close behind where 
it stops, and dust being piled by the shove on the forward 
side; imprint of partly imbedded stones slightly displaced 
by the wheels, the displacement being backward in very 
small stones and forward (or both forward and then back¬ 
ward) in those large enough to receive lateral as well as 
downward pressure; a sprinkling of sand or dust, which is 
found on the rear side of stones or other obstructions 
passed over by the wheel, while the forward side is usually 
swept clean; direction of skid on side slopes or against 
angling rocks or water breaks; the jump (when speed is 
sufficient) off the forward side of such obstructions, or in 
dropping into chuck holes; impact (wider tire imprint) 
on the forward side of chuck holes or against obstructions; 
action in ruts, where, in dropping in, a wheel will run 
off the high side to a featheredge, while in climbing out 
it will stay in the rut until side pressure forces it to climb 
out abruptly; the direction in which water drops, or mud, 
are carried out of a mudhole, or a stream ford; traction 
slips, which occur in going up steep grades; the turn on 


36 


curves, which is usually more abrupt on leaving than on 
entering a curve; the deeper impression due to standing, at 
stops in soft soil, the impression being more pronounced at 
its rear side; the Y where a machine backs out from a 
roadside stop. Even if no one sign is conclusive, the sum 
of thos3 gathered by following the track closely for some 
distance will in most cases lead to a sure conclusion. 

Excessive speed will almost always be disclosed by 
wind-whirl disturbances of the track, the distance of 
side throw of sand, mud, or water, side lurch on rough 
road, and the length of wheel jump in passing over ob¬ 
stacles. The size of car is approximately indicated by 
the width of tire tread, although this is affected by the 
amount of load, as well as by the air pressure in the tires. 
When the load is heavy, there is a higher piling up of the 
dust ridge which is left in the center of the # wheel track 
by the suction and thrust of traction on pneumatic tires. 

Proficiency in tracking .—Whether of men, animals, or 
autos, proficiency in tracking can be gained only by actual 
practice, and plenty of it. While trackers can not be 
made from books, one tracker can often tell another new 
kinks, and all can learn more by study. Let every man 
keep his eyes open and send in for the benefit of all the 
new things which he learns or clues familiar to him but 
not mentioned here. 

Moreover, many who know are not able to explain 
clearly how they know, and the discussion in these in¬ 
structions will help them in such explanation. The 
importance of this must not be overlooked; in court this 
question will surely be raised, and the opposing attorney 
will discredit testimony that does not answer it. “You 
must not only know that you know, but also know how 
you know.” 

Record of tracks .—'The original track, or a cast or replica 
of it, is the most convincing evidence. 

The original footprint can often be solidified sufficiently 
by means of water glass to be dug out and preserved. 
This is specially useful in sand or sandy soils. If the soil 
containing the print is firm enough not to be displaced by 
it, the water glass can be poured directly into the print. 


37 


If not, dig a shallow trench, a couple of inches wide and 
deep, around the print and several inches distant from it, 
and flow the water glass into the trench, until it has been 
soaked up by the soil so that it shows on the surface of 
the print. Then let it stand for a day. The print can not 
be pried out, but must be carefully freed by digging the 
soil away from around and under it. It must also be 
handled with much care thereafter, and this reduces the 
value of the method when conditions, such as transpor¬ 
tation, are not favorable. 

In this and many other cases a more desirable method 
is to make a cast of the track with plaster of Paris, or neat 
Portland cement. Plaster of Paris sets more quickly. 
The builder’s flnish plaster is seldom good enough. 
Cement is often more available to a forest officer. From 
the cast a replica of the track can then be made, or not, 
as desired. 

When the soil composing the print is firm enough, the 
plaster or cement can be wet mixed by stirring carefully 
into water (sifting it in preferably, to avoid lumps) to the 
consistency of thick cream, and flowed directly into the 
impression, either by pouring, or, if greater care is desir- 
bale, from a spoon. Pure plaster of Paris sets in about five 
minutes and, therefore, requires rapid work; its setting 
can be retarded, however, if desired, by adding a little 
vinegar. When about one-half inch depth has been 
flowed in, reinforce the cast by laying in it, crossed at 
right angles, several thin water-soaked strips of wood. In 
the absence of these, small green twigs, or even stout 
string, will help. After adding another one-half inch of 
plaster the cast can again be reinforced, if desired. This 
is hardly necessary with cement. The finished cast should 
be at least one inch thick. If this is greater than the depth 
of the track, a wooden box or earthen dam can be built 
around the track to hold the liquid. 

In dry sand, ashes, or dust a cast can be secured by sift¬ 
ing in very carefully dry plaster of Paris, then sprinkling 
water slowly on to the plaster until it has become moistened 
thoroughly. When a one-quarter inch layer of cast has 
thus been set. the remaining thickness may be built up^ 


38 


by alternately dripping in dry plaster and moistening 
with water until the cast is thick enough to withstand 
rough handling. This is the only method of cast making 
used by the more experienced investigators. 

Little of value is in print on the preceding methods of 
recording footprints. A large part of the above has been 
determined by original experiments, and quite as much 
that is new can be learned in almost any line of this work 
by anyone who will experiment for himself. It is hoped 
that many law-enforcement men will try experiments in 
some line of the work and report results for the benefit of 
all. 

If it is not feasible to secure the footprint itself or a cast 
of it, the best remaining method is to photograph the track. 
The camera lens must be exactly parallel to the surface 
photographed, to avoid distortion of perspective. This 
can be done most conveniently by the aid of a clamp for 
attaching a camera to a board or other similar support at 
any required angle. For use in court the photograph can 
be enlarged to the exact size of the original tracks. If in 
photographing, however, a rule is placed alongside the 
footprint, the scale of measurement will appear in the 
photograph itself, regardless of the size of the latter. 

If no better method is available, draw an exact diagram 
of the track, on cross-section paper if possible. For meas¬ 
urements use two lines at right angles through important 
detail points of the track, and parallel to cross-section 
lines. The perpendicular distances from any point to 
these respective lines will then fix its position absolutely. 

Fingerprints .—Few persons are acquainted with the 
value of fingerprints as evidence. They are very valua¬ 
ble where they can be obtained, give absolute identifi¬ 
cation, and are easy to use. They are produced by the 
oily impression of the minute ridges on the surface of the 
skin, and are left even when hands are clean, although very 
faint when the skin is dry or immediately after washing 
it with soap. Fingerprints may be found on anything a 
man handles which has a smooth enough surface, such as 
papers, cans, bottles, and drinking glasses, if they have 
not been obliterated by subsequent handling; and they 


39 


can be made visible by appropriate treatment at any time 
within several hours after they are made, but the sooner 
the better. 

How to manipulate .—Sprinkle a powder of contrasting 
color on the surface containing prints. Distribute by 
tapping from a camel’s-hair brush or by patting with 
such a brush (not rubbing) or by agitation on the de¬ 
sired surface. Blow off the excess. Where the skin 
ridges touched the surface the powder will remain. Pow¬ 
ders used by police officers are aluminum (preferably 
10,000 fine) and bronze, one or the other of these forming 
sufficient contrast with almost any color. With expert 
manipulation these give the best results. Dragon’s blood 
powder for light surfaces and talcum powder or gray 
chalk for dark seem to work better, however, for those not 
expert in manipulation. All of them can usually be ob¬ 
tained at drug stores. When these are not available, 
powdered charcoal, or very fine pencil scrapings, answer 
for light surfaces; borax, even flour, for dark surfaces. 
All powders must be dry, since they pile up and work 
badly if damp. 

Prints thus developed are easily smudged by friction. 
They can be set by spraying lightly with a solution of one 
part white shellac (prepared floor shellac, not solid gum) 
in four parts wood alcohol. Dragon’s-blood powder, how¬ 
ever, can be set without the use of shellac by heating 
slightly with a match flame after application to the desired 
surface. 

On a large surface, when it is not known where the 
fingerprints may develop, they can be brought out in a 
brown color by heating the paper or other surface in a 
closed box with iodine crystals; the prints can then be 
recorded by one of the above powders, the iodine color 
vanishing after a time. 

Identification. —The pattern of the skin ridges is different 
for every individual, and for all 10 fingers of every indi¬ 
vidual. The lines fall into classes such as arches, loops, 
and whorls, which have been minutely classified for police 
records; but nothing is necessary for identification except 
a close examination and comparison, which anyone can 


40 


make. This is more easily done with a hand lens, which 
is an extremely valuable aid to an investigator. The 
barrel type is best and can be obtained on official requisi¬ 
tion. For use in court, photographic enlargements of 
finger prints are desirable, so that all the jury can see the 
same print at the same time. Prints submitted to the 
District office will be enlarged on request. 

Until a man is arrested he can not be compelled to sub¬ 
mit to having his finger prints made. His known prints 
for comparison with those found in connection with a crime 
must be obtained by getting him to handle some paper on 
another pretext. If the paper has typewritten matter 
on it, this may obscure a thumb print: but the finger 
prints will be on the reverse. Such paper must, of course, 
be free from previous finger marks. It should therefore be 
drawn from inside a new pile, and be handled only by the 
corners, and between the first and second fingers, as the 
sides of the fingers leave little mark: better still, use 
cleaned gloves. When prints can be compelled, as from a 
man under arrest, they should be taken by pressing the 
finger on a stamp-ink pad and then on paper. Prints 
should be taken for all 10 fingers and thumbs. However 
obtained, each print must be labeled as to finger and hand, 
since comparison is fruitless unless it is certain that the 
prints are of identical fingers. Skill in both making and 
identifying prints requires practice. It is well to acquire 
such skill before important results depend on the work. 

RESTORING MUTILATED PAPERS. 

Piecing torn paper together .—First hunt for corner pieces, 
then edges, then work up the interior. Paste on a trans¬ 
parent medium, such as tracing linen—the back may be 
important—or lay between clean glass plates bound 
together. 

If writing on paper is not in copying ink or indelible 
pencil, the paper can be moistened by spray from an 
atomizer or by holding in steam from a tea kettle. This 
helps to straighten it out if badly curled or bent. 

Dim writing comes out plainly in a photograph. 


41 


Worn or fragile papers can be made indestructable for 
handling by dipping into a solution of one part stearine in 
three parts collodion, and letting them dry 15 minutes. 

Restoring burnt paper .—Writing is usually still legible. 
If not entirely reduced to ash, burnt paper can generally 
be used; but it is very fragile. Lift by passing another 
paper beneath. Moisten as above, to remove curl. Slide 
on to a pi^ce of gummed tracing cloth and very carefully 
press down. Trim the tracing cloth to exact edges of 
paper, then piece together as in the case of torn papers. 
Burned papers are very fragile, even when gummed. 
The whole process requires skill. Better practice in 
advance. 

Taking impressions .—Relief impressions of raised sur¬ 
faces can be taken by using moist blotting paper and letting 
it dry in position. Impressions of more uneven, or solid 
objects, may be obtained by a similar use of a mass of wet 
tissue paper. 

PRESERVING PERISHABLE EVIDENCE. 

Perishable evidence is often best preserved by placing 
it in cold storage. It can often be preserved, also, in 
alcohol. In the absence of cold storage, formalin or for¬ 
maldehyde is best for fish or game meat. These preserva¬ 
tives destroy color, however. If this is important, wire 
the district forester for advice, stating color and exact 
nature of material. If it is impossible to preserve any 
article or evidence, be sure to have witnesses to its finding, 
and its nature or identity, while it is yet in its original 
condition. 

MAKING USE OF EXPERTS. 

To the laym'an one of the most striking services of the 
expert is that of the microscopist, who deals with a world 
invisible to the naked eye. He can tell from a hair, for 
example, whether it is from deer or beef, horse, dog, or 
human, and the race, habits, and probable age of an 
original human possessor; from carpet-sweeping dust the 
number, age, character, habits, food, and recent occupa¬ 
tion of, as well as visitors recently entertained by. the 


42 


occupants of the room from which taken; from finger-nail, 
deposits the food, occupation, habits, and whereabouts 
of the person from whom they were taken, for a week or 
so prior to that time; and often substantially the same 
information from a shred of clothing, or even from knives 
or other articles much handled by him. The microsco- 
pist can identify beyond question deer or other game 
meat or blood, as against beef, chicken, etc., and often 
such things as soil on a boot as being the same as that 
taken from the locality of a fire or other offense, hair on 
a blanket as that from a particular horse, or human hair as 
that from a certain suspect. « 

The microscopist, chemist, or other scientist, however, 
is not the only expert who can serve us. The dentist (as 
to teeth marks, etc.), the shoemaker, the blacksmith, the 
locksmith, the printer or other paper expert, the observant 
clothing or dry-goods merchant, or any other man who 
works in some special line can often tell us more than we 
can see ourselves respecting some clue relating to their 
specialty. The investigator must be constantly on the 
lookout for chances to make use of such help. Anything 
requiring expert help of a kind not locally available 
should be submitted to the district forester or the matte 
taken up with him, unless it is possible to get quicker 
help, as, for example, in the case of fingerprints, from the 
experts of the police department of some near-by city. 

It should also be borne in mind that expert testimony 
which is usually in the nature of opinion rather than fact, 
must be given by the expert responsible for it and not by 
proxy, and arrangements should be anticipated for hir 
attendance at court. 

ORAL AND DOCUMENTARY EVIDENCE. 

Material clues or objects of evidence will seldom or 
never be all that is necessary to prove a case. If no mate¬ 
rial clues can be found, the only recourse is to investigate 
until some person or persons can be discovered who know 
something about the offense and the offender. This takes 
time, patience, and skill, often more than the adminis¬ 
trative ranger feels he can spare; but it must be done. 


43 


Sometimes, however, he can not do it because the whole 
community knows him, and the guilty ones and all their 
sympathizers would soon know what he was after. In 
such cases a special man, whom nobody knows, will prob¬ 
ably have better luck, and the assignment of such a man 
may be requested. 

GETTING A LEAD. 

In deciding to whom to go for possible evidence the 
best guide is again a carefully built-up mental picture of 
the case—a working theory. 

If possibilities permit, eliminate at once the busy- 
bodies who always claim to know all about every happen¬ 
ing, and go after those who really know most or were first 
on the ground. If nothing better develops, figure out a 
tentative suspect on some ground, such as most probable 
motive, and start on that basis. If your tentative sus¬ 
pect should not be the right one, questions implicating 
him are likely to draw from an honest witness indications 
as to the true suspect when he would not have given them 
in reply to general questions. 

Before doing this, however, it will be desirable to get 
preliminary information as a protection against witnesses 
lying or otherwise trying to mislead. It is indispensable, 
as soon as any real line-up begins to appear, to consider 
every scrap of information which is at hand or can be 
gleaned with respect to family, business, or friendship 
relations of possible suspects, so as to safeguard giving 
away anything unwittingly. Use every opportunity to 
get from fair-minded witnesses information on the trust¬ 
worthiness and connections of others who must be dealt 
with. 

HELPS TO INTERROGATION. 

Knowledge of men .—In this work, nothing else can make 
up for a knowledge of men. A witness will tell nothing 
or make but inaccurate and unimportant statements to an 
investigating officer who lacks shrewdness and tact, while 
the very same witness will make precise, true, and im¬ 
portant statements to an officer who can read and knows 
how to handle him. 


44 


Witnesses can be grouped broadly into two classes, those 
who will tell the truth, and those who probably, or cer¬ 
tainly, will not. This resolves itself chiefly into a question 
of motive. Persons having no interest in the offense or 
the offender will generally tell the truth; the testimony 
of those who have such an interest is apt to be prejudiced. 
However, it should not be overlooked that persons of the 
latter class may be upright enough to tell the truth if 
questioned, while fear of unknown consequences may 
swerve a disinterested witness from the path of truth. 

Truthful witnesses may again be divided into those who 
are willing to tell what they know and those who are 
reluctant to do so. Most people are of the latter kind. 
The average American not only has an exaggerated unwil¬ 
lingness to testify against a wrongdoer, but is himself so 
busy that he does not want to get mixed up in other peo¬ 
ples’ troubles if he can avoid it. The person who is 
anxious to tell on another has usually some grudge, and the 
influence of this on his testimony must be carefully 
weighed. 

You can help your own judgment of men by systematic 
study, in your everyday business, of truthfulness, the 
motives of untruthfulness, etc. A careful study of cases 
where you believed and were mistaken will reduce your 
own credulity. Lack of truthfulness is very common, 
and a man who fails to state the exact truth is not always 
in league with crime. 

Study of previous testimony of a lying witness helps. 
A man nearly always sticks to the same lines of mental 
side stepping in such things as justification of his own 
conduct, and throwing suspicion on others. 

Attitude of officer .—Much of the success to be gained 
depends upon the investigator’s attitude. Judge your 
man. Be short, snappy, commanding with the bold; 
patient and considerate with the timid. Unnecessary 
ofliciousness, or insolence, or contempt, however, will shut 
up most men like a clam. Courteous and considerate 
treatment will open a man’s heart—and probably his 
mouth—especially if others have just treated him harshly. 


45 


WHO SHOULD DO THE INTERVIEWING. 

The same investigator should ordinarily handle all the 
main issues of a given case. This applies especially to the 
principal interviews. After a case once takes shape, 
success depends so much upon a comprehensive knowledge 
of everything previously developed that important issues 
can not safely be divided. 

INTERVIEWING TRUTHFUL WITNESSES. 

Getting the witness to talk .—Few witnesses are anxious 
to talk to an investigative officer. Getting a man to the 
point where he will talk freely can often be accomplished 
more easily by directing the conversation along lines in 
which he is personally interested, even though at first this 
has no connection with what you want him to talk about. 
If he still does not tell what you believe he knows, it may 
be that he fears you want to mix him up in the crime. 
Such a suspicion should be guarded against, when un¬ 
founded. Antagonism can often be avoided by stating 
to the witness that you have been requested by head¬ 
quarters, or are required by regulations, etc., to get the 
facts in this case, and will greatly appreciate it if he can tell 
you anything about it—thus putting it on the basis of 
routine duty, and dispelling any suspicion that you want 
to implicate him. If the reluctance is due to fear of the 
suspect, or desire to avoid the notoriety or loss of time 
incident to court testimony, and can not be overcome in 
any other way, say to him that, if he will tell you what he 
knows, you will only use it as a clue, without divulging its 
origin; but that, if he will not, he will have to go on the 
stand and tell it in front of the defendant. The use of 
good evidence in whatever way seems best should not 
be hindered by such a promise unless absolutely necessary; 
but information obtained in the way indicated may be 
extremely valuable, and ‘ half a loaf is better than none.” 

Getting the story —There are two considerations—(1) to 
get as complete a statement from the witness as possible— 
be sure nothing essential is omitted, but do not let him 
ramble aimlessly; (2) to be sure he is telling the truth. 


46 


The latter may not follow, as a matter of course, even with 
willingness on his part. 

The best safeguard is a clear mental picture of the case 
which shows what it is necessary to get, and thus prevents 
the omission of important items. The six watchwords of 
a complete case are again valuable reminders. 

The method to be used depends much upon the witness. 
Unless he wanders beyond forbearance, it is best to let 
him tell his story straight through in his own way. Then 
question and requestion until it is certain that he can not 
or will not add anything more of value. Take sufficient 
time, no matter how much of a hurrv you are in. Better 
not start the interview in the first place than be in too 
much of a hurry to permit of getting the facts. 

Write the story all down as it is told, unless the witness 
shies at that, in which case do it at the completion of the 
interview. Opposition to having a statement written 
down may often be allayed by saying, “Now, I’d like to 
put this down, so that I can include it in my report, and 
I will not quote you incorrectly.” If rightly handled, 
he will doubtless help you to get it all straight and can 
then hardly refuse to sign it. A much more complete and 
satisfactory statement will ordinarily be obtained by 
thus writing it yourself than by letting the witness write it. 

Read to the witness what you have written, word for 
word; ask him if it is correct; change any items which he 
may desire corrected; have him sign it, and have his sig¬ 
nature properly witnessed. 

In case a witness refuses to make or to sign a written 
statement but will talk, get him to tell his story in the 
presence of several reliable witnesses and afterwards write 
down the essential substance, as nearly verbatim as pos¬ 
sible, of his statements, either yourself or in collaboration 
with the others, who will swear to it in court. 

In addition to the record of what was said, put down in 
your notebook the circumstances of the conversation, per¬ 
sons, witnesses, time, and also all the conclusions for future 
guidance which you can draw from the facts thus learned. 


47 


Some men can not be induced to make a statement, but 
say that if they are put on the stand they will tell the truth. 
If their resolution not to talk can not be shaken, the only 
thing to do is to get as good an idea as possible of what 
they can testify about. 

Legal bearings .—Verbal statements are greatly strength¬ 
ened by corroboration. As a general rule, testimony by 
another as to conversations can be used in court only to 
impeach a witness or, under proper circumstances, to 
establish an implied admission by the accused when it 
appears that such conversations occurred in his presence 
and hearing. 

Unintentional offenders .—The general methods indi¬ 
cated for truthful witnesses apply largely to this class of 
trespassers, such, for example, as those who thoughtlessly 
leave camp fires burning. Courteous treatment and an 
evident purpose to do only one’s duty, with regret for the 
inconvenience necessarily inflicted, will often induce con¬ 
fession. If more is necessary to achieve this result, it 
should be remembered that every man has a weakness 
through which he can be approached, or. through which 
his defense can be battered down. It may be a hobby, 
such as horses, automobiles, guns, or some sport, or politics, 
religion, reputation, even home or mother. Whatever it 
is, the officer is justified in using it to get to the truth when 
men have violated the law and are attempting to conceal 
the truth. 

Only if the offense has shown criminal disregard of 
known danger, or if the unintentional offender becomes 
hostile or defiant, is anything usually gained by using the 
more drastic means discussed under “Hostile and Lying 
Witnesses.” The man who has set a fire unconsciously 
is an unprofitable man to interrogate because he has no 
guilty conscience. 

If an offender is found on whom you have sufficient 
evidence, and he objects to being taken before a magistrate, 
a good expedient is to ask him if he is guilty; if he denies, 
then he has no valid ground for objection. 

42956—23 


4 



48 


INACCURACY IN TESTIMONY. 

Causes of inaccuracy .—When a man is willing to tell the • 
truth, untrue statements may result from the following 
causes: 

(a) Poor observation. A man may see only part of a 
total action and have a very inadequate or mistaken 
notion of the whole; a man sometimes sees what he expects 
to see; people often hear imperfectly or mistakenly. 

( b) Poor comprehension and reasoning. Inference is a 
part of every mental operation. When we see a clock face, 
we take it for granted that a clock is behind it, but this 
is not necessarily true; a tenderfoot thinks mountains are 
much nearer than they are, because he infers the distance 
which the given appearance implies in low country; 
illiterate people distort long sentences, and piece out by 
inference to a twisted meaning. 

(c) Poor memory. This is very common. Beware of a 
person who claims to remember everything; his testimony 
is usually open to suspicion. Memory can be helped by 
talking of the event in question, often as to unimportant 
incidents, or of a man’s occupation connected w'ith the 
thing to be remembered. But give him time; do not 
hurry. Do not press an emotional witness too far; there 
is real danger, especially with such a person, that you 
may make him remember what he never saw or heard or 
knew, except through your forcible suggestion. 

(d) Influence of other people’s statements. Untrained 
persons who have seen or heard part of an exciting incident 
unconsciously try to complete the matter by fitting what 
they have seen or what they know' to details told by 
others. They may even end, without untruthful intent, 
by weaving the whole garbled mess into their ow r n story 
as to what they saw and heard and know'. 

(e) Strong feeling. Excitement and fear often lead to 
exaggeration in which important details are sometimes 
overlooked. 

(/) Temperament, age, occupation. A ranger looking at 
a bunch of cattle sees also whether the range is over- 
grazed, or grazed in patches because of poor salting or 


49 


water development. A city man sees cattle, but not the 
other factors, and could not be expected to give an intelli¬ 
gent statement on such matters. 

(g) Fear of consequences. Be sure to relieve a witness’s 
mind of a possible impression that you want to implicate 
him, etc., if such inferences are without cause. Fright¬ 
ened people, imagining themselves suspected, always 
8hullle in testimony. This should be a danger signal, 
although the cause of the shuffling may not always be the 
one here discussed. 

(h) Poor questioning. Good questioning requires hard 
thinking. Be sure nothing is missed. Follow your own 
course and do not be led or pushed, either designedly or 
accidentally, by the witness. 

Increasing the accuracy of testimony .—Much can be done 
by careful questioning and suggestion to clear up obscure 
statements or to supply omissions. Check the witness’s 
accuracy; that is, as to height of people, ask him if the 
man he mentions is as tall as yourself; check distances by 
asking about something in sight; verify his power of 
recognizing persons, estimating numbers, etc. It is some¬ 
times necessary to verify statements independently of 
the witness. Scrutinize the witness’s testimony all the 
time for indications of intentional untruthfulness. 

INTERVIEWING HOSTILE AND LYING WITNESSES. 

Preparation for the interview .—For successfully inter¬ 
viewing this kind of witness thorough preparation is 
indispensable. Nowhere else is preliminary knowledge 
so essential both as to the connections and interests of 
the witness and as to a thorough grasp of your case and 
exactly what you want to find out. Finally, the circum¬ 
stances and conduct of the interview itself must be care¬ 
fully planned. 

If you can prevent it do not interview such witnesses, 
especially suspects, on their own ground or among their 
own friends. Get them to come to the supervisor’s or 
ranger’s office or to a convenient room in town; at least 
to a place away from the support of their familiar surround¬ 
ings and people. This may not be feasible at the first 


50 


interview; but if you are convinced, or become so by 
talking with them, that they have knowledge of important 
facts which they have an interest in keeping from you, it 
is often wiser to postpone the serious attempt to get these 
facts until it is possible to do so under more favorable 
circumstances. On the other hand, it is desirable to 
question such witnesses, when possible, before they learn 
that they are suspected and have time to talk to each other. 
At least try to prevent communication between the 
witnesses until you have questioned them separately. 
Special care must be exercised to interview a group of 
related witnesses in the best order to prevent collusion 
between them. It is usually best not to interview two or 
more hostile witnesses together. Keep them apart and 
interview them separately whenever possible. 

Always conduct interviews with an enemy to your case 
strictly as an official. Be courteous, but do not introduce 
everybody all round, or joke, or in any other way help to 
put the witness at his ease. Especially when the time has 
come to hammer hard for the facts or for a confession it 
greatly helps to surround the occasion with as much cir¬ 
cumstance and formality as you can bring to bear. Have 
your own witnesses and assistants at hand; the more of 
them who are unknown to the person to be interrogated, or 
known only as officials, the better. A witness who is 
either the suspect or his accomplice or sympathizer, as is 
here assumed, will deceive you if he can and will not tell 
you the truth unless you can entangle him or otherwise 
bring pressure enough upon him to compel him to do so. 
One of the most valuable helps in this is to increase his 
nervous tension by every legitimate means. 

Keep your notebook out and take time to record every¬ 
thing necessary or significant. Write down a minute 
description of suspects. This may be valuable to you and 
should form a part of the case record in any event. If you 
ask the witness, in connection with this record, for his age 
and make other pertinent points, it will usually help to 
increase his sense of the gravity of the case. Mental states 
go in waves, however, and it is possible to overstay the 
crest. The effect of everything upon the witness should 


51 


be carefully watched and the right moment seized to go 
ahead. 

The interview .—This is always a test of wits, but the 
investigating officer has the whip hand, since the witness 
is usually playing a dangerous game which affects his 
calmness. Falsehood involves a frame-up. The neces¬ 
sary thing is to get behind the frame-up. The means by 
which this can be done is thorough questioning; perfunc¬ 
tory or aimless questioning will not do it. 

Unless the witness has previously made a statement or 
has refused to talk, it is usually best at first to let him tell 
his own story in his own way. If he is interrupted, he 
will begin to trim what he says accordingly. This state¬ 
ment should be signed and witnessed, as in any other 
interview, even though the investigator knows it to be a 
mass of falsehoods. 

Then commence to question. In most cases inter¬ 
rogation should begin at a point a considerable time 
previous to the offense, and lead step by step in minute 
detail through it. The frame-up of a false case practically 
always revolves around an attempt to establish an alibi, 
and the easiest way to break this down is to question 
minutely about details—how long together, how seated, 
what said, order in which things occurred, etc. When 
the alibi is true except as to date, get outside of it by con¬ 
necting with dates some distance from the ones in question. 

As soon as you reach a point not contemplated in the 
frame-up, contradiction will begin, which gives the officer 
a lead. In case a witness refuses to talk, show him that 
you have something on him. This will almost always 
start him to explaining; then it is comparatively easy to 
keep him going. When sure enough of your ground, you 
can begin to jump him directly with what you know to 
be false. Do not ask him if he did thus and so, but say: 
“You say you did thus and so?” and make him say yes; 
then, “I know better—you did thus ahd so.” Make it 
clear that he can not string you; not by asserting it, but 
by demonstration. With some types of men, however, 
ground can be gained by even more severity; that is, 
“What do you mean by lying to me?” 


52 




To break the continuity of a man’s frame-up thread is 
one of the greatest helps in getting the truth. To this end 
let questions skip around the story—to the end, then to 
the middle, and so on; occasionally jump to something 
outside of or beyond his story. 

In general, look for motives of lying—relationship, 
friendship, business connections, etc. Scrutinize the 
testimony itself; see how he colors other people, favorably 
or otherwise, as an author paints his hero or villain in 
advance of actual deeds. It is important to build a 
mental picture of the witness's story as fast as he tells it. 
This will show discrepancies not at all apparent from 
mere words; that is, witness says his house was in danger 
. of burning, but your mental picture shows that with the 
wind as already given, or as you know it to have been, 
his house was on the windward side of the fire. 

All statements should be reduced to writing, if possible, 
over the witnessed signature of the person questioned. 

The suspect in intentional offenses .—The written-out 
'statement of an accused or suspected party should be 
followed by a statement that the foregoing is made by 
him voluntarily, realizing that anything which it contains 
may be used against him. 

In addition to the above methods, if there is any possi¬ 
bility of a suspect having a previous criminal record, the 
questioning should in his case go back as far as is neces¬ 
sary to include it, even to his childhood or his birth. 
This serves two good purposes. If he has any previous 
criminal record, the questioning may open the way for 
prosecution on some other offense if the intended one 
should fail; and with hardened criminals it should be a 
rule to get them on something, if possible, even if not on 
the offense under immediate investigation. Nothing 
will serve better to give this kind of man a wholesome 
incentive to refrain from' violating the laws. Further¬ 
more, if there are shady spots in his record, close ques¬ 
tioning will certainly make him nervous about them. 
He will forthwith be uncertain how much you know all 
along the line, and his nervous tension may materially 
help to bring out the truth as to the case in hand* 


53 


When the guilt of the suspect has been established to 
the satisfaction of the investigator, the chief object of 
such questioning becomes the forcing of a confession and 
a plea of guilty. Work to get him into the belief that you 
know all about it. If you do not know as much as you 
lead him to believe you do, it is vital not to make a slip 
which will show him what information you lack. When 
used judiciously, one is justified in taking some chances 
of this kind to gain an advantage and land a confession. 
When a case gets to court, it must be complete and water¬ 
tight; but up to that point the game is yours, to make by 
any fair means you can. 

But here a caution: A much longer chance in this 
direction can, in general, be taken in camp fire than in 
incendiary cases. Offenders of the former class are 
usually less independent in face of representatives of the 
law, and they are usually nonresidents of the forest com¬ 
munity. The incendiary, however, is usually a resident; 
he has less fear of an officer; and, by reason of having 
planned his act beforehand, he is definitely prepared to 
beat you at the game and is likely to know what you can 
do and what you can not. If you lose through haying 
bluffed and failed, it may set you and the service back 
very seriously in the community’s estimation. 

Threats and promises .—Both of these must be scrupu¬ 
lously avoided, since either one will completely invalidate 
a confession in court. Even the use of the words that it 
will be “better” or “worse” for the suspect to do a given 
thing must be avoided. If a suspect shows a desire to 
seek immunity or clemency as a preliminary to confess¬ 
ing, it is legitimate to state that you will be willing to say 
a good word for him if he makes a clean breast of it, but 
promise nothing as to final action. 

In any event, play clean. Neither self-respect nor the 
respect of the community in which you must work and 
live should be jeopardized by resort to questionable 
practices. 

Use of the law on perjury .—For persons who persistently 
refuse to confess, or admit the truth, the following is 
often effective. Referring to yotir notes of their conversa- 


54 


tion, say: “Are you willing to make an affidavit that you 
are not guilty in this ease?” Or, if this has been done, 
“You are still going to swear to this in court?” Then. 
“You probably know the Federal law on such testimony?” 
Read aloud the statute respecting perjury, emphasizing 
the heavy penalties provided. If they have lied, this 
seldom fails to start them hedging, and finally to bring 
a confession. Care must be used, however, not to give 
them any comeback in court by doing this as a threat. 
It is always an officer's right to inform persons of the law- 

Keeping temper .—Always keep your temper. A man 
who loses his temper is at the mercy of a cool opponent. 
You can not afford it, no matter what the provocation; 
the accused may be trying to “get your goat.” 

VALUE OF CONFESSION. 

A confession is not admissible in court unless it is made 
of the prisoner’s own free will, free from promise or threat, 
and without misapprehension as to its possible use against 
him. For these reasons it is always liable to successful 
attack by the defense, even if the accused does not re¬ 
pudiate it in court. The latter contingency can be 
guarded against by having a witness to the making; be¬ 
cause in the event that the prisoner is discharged by the 
court, it may then be possible to convict him for perjury. 
Whatever the fate of the confession itself, it should always 
be obtained, or tried for, since it may bring out valuable 
admissions or facts, which can then be run down and 
established by independent evidence, making them as 
valid as any other facts similarly established. The 
established contradictions of a confession will likewise 
be of the greatest value in court. After getting a con¬ 
fession, the questioning should be continued, to obtain 
such facts, if they have not already been obtained. If 
you can stay friendly enough with the suspect to get him 
to tell you just how the deed was done, not only will this 
object have been attained, but you will have reinforced 
your own knowledge of criminal methods and motives. 
Write down all such conclusions and lessons for future 
guidance. 


55 


IDENTIFICATION OF PERSONS. 

Forest officers usually know local incendiaries, but 
they may need to spot persons unknown to themselves, 
such as hunters or campers responsible for fires. 

The face, of course, is most relied upon. The main 
point of the identification method used by experts, and 
the one most often overlooked by laymen, is careful 
study of details. Not only color of hair and eyes, general 
shape of head and face, whether clean shaven or other¬ 
wise, must be noted, but also contour of ears, rims, fleshi¬ 
ness and amount of lobes, and angle made with head 
(including aspect from behind); contour of chin and jaw 
from front, protrusion or recession in profile, “double” 
chin or otherwise; type of mouth, peculiarities of teeth, 
thickness of lips, peculiar twists and habitual surround¬ 
ing lines, if any, and characteristic expression; contour 
of nose, both front and profile, especially character of 
its point, and width, flare, and exposure of nostrils; eyes 
close or wide apart, how framed in head, size, external 
peculiarities—such as character of lids, appearance of 
cornea, size of pupil, and especially behavior and expres¬ 
sion of the eye; color, thickness, length, and disposition 
of the eyebrows, especially how nearly they meet across 
the nose; contour and slope of forehead, especially any 
prominent bulges over eyes, etc., and characteristic 
wrinkle marking; outline of edge of hair and its manner 
of growth; moles, warts, wens, scars, or other peculiar 
markings. These, of course, are in addition to the manner 
of carrying the head and other individualities, which 
give much aid in identification. 

When it is a question of identification from an indistinct 
photograph or one several years old, the most unchanging 
items are the following: Angle of spread of ears and con¬ 
formation of their lobes; type character of mouth and 
lips; conformation of end of nose, spread and exposure of 
nostrils; width apart of eyes; degree of approach of eye¬ 
brows across the nose; characteristic bulges of the fore¬ 
head, if any; and the peculiarities of the hair line (barring 
change by baldness, which is usually discernible if 


present). These features, too, are the most useful for- 
detailed verification of an identification from description r 
and should be obtained in such a description, in addition 
to the common items of age, height, weight, complexion,, 
eyes, hair, beard or mustache, birth or accidental marks, 
clothing, carriage, gait, and general appearance. 

Few persons can give a good description without coach¬ 
ing. Even if asked whether there are any noticeable 
peculiarities, they are likely to say “No;” and yet, when 
asked about eyes, nose, mouth, ears, or hair, they will 
remember something useful. Ask also about the specific 
points discussed above. 

Plain-clothes work .—Forest officers will have only in¬ 
frequent need to use the police supplemental devices to 
identify suspects, so that only a suggestion or two will be 
indicated here. An officer usually first follows and studies 
the suspect \from behind, then gets ahead and comes to 
meet him. If he is sure enough, he accosts him by his 
real name, watching closely for response. No matter how 
a man steels himself against it, it is almost impossible to 
avoid some visible surprise response when an alias hears 
his true name called unexpectedly. If the officer is not 
ready to show his hand, he often follows a few feet behind 
a suspect, and an assistant a little behind himself; the first 
officer then calls the suspect’s name sharply and dodges 
inside a doorway. If the suspect turns, he does not see 
the officer, and the assistant when he passes the door can 
tell the latter whether the suspect has betrayed any 
response. In shadowing, most police officers prefer to 
keep to the outside of the walk. 

VALUE OF REWARDS. 

Considerable help in the fire situation can be given by 
greater publicity in regard to available rewards for assist¬ 
ance leading to convictions. Nearly every community 
has a would-be Sherlock Holmes, and many such men 
wouTd work faithfully on forest cases and be valuable 
allies, once they definitely know that they stand a chance 
of getting a reward commensurate with the time spent. 
If so, let them have reward and credit both; results are of 


57 


first importance, and no forest officer's official credit will 
be lessened because of such an outcome. 

ACTIONS UNDER LEGAL PROCESSES. 

AFFIDAVITS. 

Most forest officers are already familiar with the making 
of an affidavit. This can not be used directly as evidence, 
but is useful for the moral effect upon the witness as to the 
gravity of the testimony covered, by the affidavit; it also 
safeguards this testimony in allowing a basis for cross- 
examination should the deponent later repudiate his 
statement. 

ARRESTS, COMPLAINTS, AND WARRANTS. 

Under the acts of Congress of February 6, 1905 (33 Stat. 
700), and March 3, 1905 (33 Stat. 872), forest officers have 
authority to arrest upon warrant any person charged in a 
proper complaint with violating the Federal laws or 
regulations relating to the national forests. For offenses 
under the State law, forest officers have authority to arrest 
on warrant only after having been appointed deputy State 
fire or fish and game wardens. 

For offenses committed iij their presence, forest officers 
have authority to arrest without warrant, in case of either 
Federal or State offenses. 

Warrants of arrest .—For State offenses, warrants must be 
obtained from and returned to a State magistrate, that is, 
justice of the peace, police magistrate in towns or cities, 
judge of the superior court, or justice of the supreme court. 

When the name of the person who committed the crime 
is not known, the magistrate can, for satisfactory cause, 
issue a John Doe warrant. 

In Federal cases arrest should be made in advance of 
indictment only when this is absolutely necessary to 
prevent the escape of the accused, or when the offense is 
committed in the presence of the arresting officer. For 
the ’reasons for this statement see ‘‘Preliminary hearings,’’ 
page 73. Federal warrants should ordinarily be procured 
from the nearest United States commissioner. If it is 




58 


impracticable or unduly expensive in time or money to 
reach a commissioner, warrants in Federal cases may be 
obtained from a justice of the peace or other officer men¬ 
tioned in section 1014, United States Revised Statutes, 
which is as follows: 

For any crime or offense against the United States, the 
offender may, by any justice or judge of the United States, 
or by any commissioner of a circuit court to take bail, or 
by any chancellor, judge of a supreme court or superior 
court, chief or first judge of common pleas, mayor of a city, 
justice of the peace or other magistrate of any State where 
he may be found, and agreeably to the usual mode of 
process against offenders in such State, and at the expense 
of the United States, be arrested and imprisoned, or 
bailed, as the case may be, for trial before such court of the 
United States as by law has cognizance of the offense. 
Copies of the process shall be returned as speedily as may 
be into the clerk’s office of such court, together with the 
recognizances of the witnesses for their appearance to 
testify in the case. And where any offender or witness is 
committed in any district other than that where the 
offense is to be tried, it shall be the duty of the judge of 
the district where such offender or witness is imprisoned 
seasonably to issue, and of the marshal to execute, a 
warrant for his removal to the district where the trial is 
to be had. 

Complaints and information .—Warrants for arrest from 
a justice of the peace are issued on complaint sworn to 
by a responsible person, upon a showing of probable 
cause sufficient to satisfy the issuing magistrate. The 
officer seeking the warrant should be able to show facts 
ancl evidence if necessary, and not merely information 
and belief. However, it is well not to divulge too much 
so as to expose one’s hand in the prosecution of the case. 

The complaint must designate the specific offense com¬ 
mitted and specify the statute and section violated, with 
such particulars of time, place, person, and property as 
to enable the defendant to understand clearly the char¬ 
acter of the offense charged. Extreme care should be 
used in drawing the complaint, since not only the arrest 
but the case in court will be based upon it. In the 
wording of the complaint the language of the law invoked 
should be closely followed. Include onlv what you are 


59 


sure you can prove; in a larceny case, for example, the 
exact items and numbers charged as stolen must be 
proved or the case will fail. Charge the easiest offense 
to prove, that is, having game in possession out of season, 
rather than killing, unless evidence on the latter is 
ironclad. 

Each offense of the same general nature under separate 
subsections of the statute should be made a separate 
count. Also, when more than one offense included in 
the same subsection is to be charged, charge always in 
conjunctive; that is, “did kill and have in his posses¬ 
sion,” not “kill or have,” etc. If several men are taken 
for one offense, they should be charged jointly, since 
this saves time and expense in multiplication of cases. 

In misdemeanor cases under the State law, the com¬ 
plaint must be filed within one year from the date of 
the offense. 

In case a justice of the peace or county judge refuses 
to issue a warrant when so requested by a forest officer 
on valid grounds, or expresses hostility to the enforce¬ 
ment of the fire, game, or other laws, fines below the 
minimum, or otherwise fails to give proper official atten¬ 
tion to such cases, the matter should be reported to the 
district forester and it will be taken up with the State 
attorney general. 

A United States commissioner issues a warrant for 
arrest in Federal cases upon sworn information. Equal 
care should, of course, be used in keeping this free from 
defect. 

Service of warrants. —Constables, sheriffs, etc., are the 
authorized agents of the courts in serving legal processes, 
and, since their fees result from their performance of this 
work, not only can our own time and expense be saved, 
but often better relations with these men can be main¬ 
tained by turning over such service to them. 

However, do not ask or expect them to work up your 
case for you. You are the investigator, and that is your 
business. Much past apathy to fire-law enforcement on 
the part of public officers has been due to half-baked cases 
or simple pieces of rumor or gossip being taken to a justice 


60 


or sheriff or prosecuting attorney, in the apparent ex¬ 
pectation that he would do all the rest, and present us 
with a conviction and his thanks. Forest officers are 
gaining the reputation of presenting well worked-up 
cases. Nothing will more surely gain the cordial coopera¬ 
tion of public officers all along the line, and indirectly 
of the communities which they influence. 

After swearing out the complaint, it is usual to ask the 
magistrate when the arrest can be made, and, unless it 
is already known to the complaining officer, by whom. 
This enables the forest officer to keep in touch with the 
progress of his case. 

Limitations upon service .—A warrant of arrest is, in 
general, to be served only within the jurisdiction of the 
issuing magistrate or officer, unless otherwise specifically 
authorized upon the warrant. A warrant issued by a 
justice of the peace may be executed anywhere in the 
county where issued, outside of municipalities. The 
latter are expressly exempted from the operation of the 
State fire laws. 

If the defendant is in another county, the warrant 
may be executed therein upon the written direction of a 
magistrate of that county, indorsed upon the warrant 
and signed by him with his name qf office and dated at 
the county, city, or town where it is made, to the fol¬ 
lowing effect: “This warrant may be executed in the 
county of ——-—; but this indorsement can be made 
only when the warrant is accompanied by a certificate 
of the clerk of the county in which the warrant was issued, 
under the seal of the superior court thereof, as to the 
official character of the issuing magistrate, or upon the 
oath to that effect of a credible witness, in writing, in- 
domed on or annexed to the warrant. When it is fore¬ 
seen that service of such a warrant may be necessary in 
another county, the county clerk’s certificate above 
specified should be secured, if not too inconvenient; 
when this has not been secured the alternative personal 
statement above provided for can usually be made by 
the forest officer himself, on the credentials of his badge 
and official position. 



61 


A warrant of arrest for a felony may be executed at 
any time of day or night. For a misdemeanor, arrest can 
be made only in the daytime unless night service is 
specifically authorized in the warrant. Daytime, for 
such purposes, is defined as from sunrise to sunset. 

Service by telegraph .—Under the State law a justice of 
the supreme court or a judge of a superior court may, 
by an indorsement upon a warrant of arrest, authorize the 
service thereof by telegraph, sending an authenticated 
telegraphic copy thereof, which is then as effectual in the 
hands of an officer as the original. Similarly a Federal 
judge may authorize the service of a warrant in a Federal 
case by telegraph. 

The arrest .—Arrest is made by an actual restraint of the 
person of the accused or by his submission to the custody 
of an officer. The prisoner is usually, and on demand 
must be, informed of the cause of the arrest and the au¬ 
thority to make it, and shown the warrant when acting 
under a warrant. An officer acting under a warrant may 
use all necessary means to effect the arrest if the accused 
resists or flees after being informed of the intention to 
arrest him. He must not, however, be subjected to any 
more violence or restraint than is necessary for the arrest 
and detention. In fact, all unnecessary officiousness or 
unpleasantness should be avoided, since much more can 
afterwards be gotten, as a rule, out of a prisoner well 
treated, and there will be no chance for his attorney to 
bring charges of bulldozing. An officer making an arrest 
may orally summon as many persons as he deems necessary 
to aid him, and refusal to render such aid is a punishable 
offense. A United States commissioner can summon any 
necessary county, State, or Federal assistance to appre¬ 
hend the person or persons for whom his warrant is 
issued. 

When an arrest is made, the person arrested, should be 
searched, unless he is willing at once to plead guilty. In 
this work the value of search is not so much for dangerous 
weapons as (1) to secure articles which may afford good 
evidence, especially microscopic evidence in the case of 


62 


articles, such as knives, which have been much handled 
by the suspect; or (2) for the effect of the search in im¬ 
pressing the suspect with the gravity of the case, which is 
especially valuable if arrest is to be followed by “sweat¬ 
ing.” An additional aid in respect to the second point is 
the taking of a personal description of the suspect, which 
may well be done at the time of arrest. Search of a person 
under arrest requires no separate search warrant. 

Peace officers making arrest on authority of a warrant, 
or when an offense is committed in their presence, are pro¬ 
tected from any action for unlawful arrest. In the case of 
forest officers this protection will be invoked to the full 
by the district office. 

Return of warrants .—When an arrest has been made the 
prisoner must usually be returned to the magistrate or other 
officer who issued the warrant. 

In State misdemeanor cases, when the defendant is ar¬ 
rested in another county, the olficer must, if required by 
the defendant, take him before the magistrate in the latter 
county, who must admit the defendant to bail. When 
such a demand is not made, or if bail is not forthwith 
given, the officer must take the defendant before the mag¬ 
istrate who issued the warrant, as above provided. 

When arrest is without warrant, the prisoner must be 
taken before an appropriate magistrate as soon as practi¬ 
cable after the arrest. In a State case this may be what¬ 
ever convenient justice of the peace within the county 
will give the case best attention; except that, if the prisoner 
demands it, he must be taken before the justice nearest to 
the place of arrest. 

On arrival before the magistrate a proper complaint 
must be executed. Whether a warrant shall be issued 
upon it is subject to the discretion of the magistrate, in 
view of the course thereafter to be pursued. If a warrant 
is issued, its return is made simultaneously with its issue. 

When a prisoner is brought to a State magistrate of final 
return, in cases over which he has trial jurisdiction, the 
charge is read to the defendant, and, if he pleads guilty, 
he may be sentenced forthwith; otherwise a trial is had or 
future date set for it. 


63 


In a Federal case, when arrest is made without a warrant, 
the person arrested should be taken before the nearest 
United States commissioner or, in case it is not practicable 
to reach a commissioner, then before a justice of the peace 
or other officer mentioned in section 1014 of the Revised 
Statutes. As in the previous case, return of warrant is 
made simultaneously with its procuring. 

When a warrant for a Federal offense is returned to the 
United States commissioner, or magistrate, as previously 
provided, either upon previous issue or arrest without war¬ 
rant, the accused, after preliminary hearing or if that is 
waived, is bound over to the Federal court. If he is un¬ 
able to give bond, he must be delivered to the United 
States marshal. 

SEARCH WARRANTS. 

A search warrant may be secured by a forest officer with 
peace powers on his affidavit, from a justice of the peace 
or any other magistrate (United States commissioner in 
Federal cases) for the search of any premises thought on 
reasonable information or belief to contain articles which 
it is desired to seize, or to examine, against the owner’s 
will. A search warrant is equally as necessary to enable 
an officer to lead out a man’s horse and take measurements 
of his tracks, if the owner objects, as it would be to permit 
the seizure and removal of the animal. The same applies, 
strictly speaking, to search of a man’s pack, or buggy, or 
automobile, for evidence of having set a fire. 

A search warrant must specify the exact premises, 
person or owner, and articles involved. Barns or out¬ 
houses, for example, can not be searched on a warrant 
specifying the house only. If, in searching for certain 
articles for whose seizure a warrant has been secured, other 
desired articles are found which the warrant can not be 
construed to cover, another warrant must be secured for 
their seizure. 

Search warrants can be executed only, in the daytime 
(sunrise to sunset) unless night service is specifically 
authorized by the issuing magistrate in the warrant. 

42956—23-5 



64 


Entry of premises or buildings may be effected by forcible 
means if necessary; but no more force must be used or 
damage done than is requisite to accomplish the entry 
and search as authorized by the warrant. For all articles 
seized the officer must give a receipt. It is always desir¬ 
able to have outside parties other than forest or police 
officers present at a search, if possible the proprietor or 
members of his family. This is a valuable safeguard 
against possible trouble in court. 

In search by appropriate means under a duly issued 
warrant the executing officer is protected, even though it 
should develop that the search was made on misinforma¬ 
tion; but he would be liable for the exercise of unnecessary 
violence or for damage. 

Permission can sometimes be obtained to search without 
warrant by an officer clearly entitled to obtain such a 
warrant, especially if the person whose premises it is 
desired to search is amenable to the consideration that, 
even if one is innocent of connection with any offense, 
subjection to proper search is one of the duties of citizen¬ 
ship in aiding the processes of the laws which protect all. 
If he still hesitates, ask him point blank if he is concerned 
in the offense and, on his denial, point out that such 
denial constitutes the reason why he should not object; 
that objection will only give you the trouble of getting a 
warrant, and will justify a suspicion which will necessitate 
a more thorough search. 

If a search of premises is made without warrant, with 

the owner’s permission, and anything is found which it 

will be desired to use in court, a warrant for its seizure 

should be secured as soon as possible after thus actually 

seizing it; or if there is no danger of its being removed and 

secreted in the meantime, the seizure itself should be 

postponed until such a warrant can be secured, in order 

to forestall the attorney for the defense making trouble, 

or causing annoyance in court upon this point as a pretext. 

% 

EXPENSES IN CONNECTION WITH LEGAL PROCESSES. 

Forest officers will be officially reimbursed for all neces¬ 
sary expenses incurred in accordance with the fiscal and 


65 


administrative regulations of the Department of Agri¬ 
culture in the transportation of arrested persons to custody, 
or for necessary subsistence of such persons at hotels, etc., 
or for necessary expenses in the execution of any other 
necessary legal process for which no other authorities can 
properly assume responsibility, in the prosecution of viola¬ 
tors of the laws, or of the regulations of the Department 
of Agriculture, in national forests. As has previously 
been pointed out, however, expense, as well as the time 
of forest officers for other needed duties, can often be saved 
to the Forest Service by making use of sheriffs and con¬ 
stables for the serving of warrants, subpoenas, and other 
such assistance. In particular, the hiring of men for posse 
needs, or to accompany officers for identification of wit¬ 
nesses, in State cases can appropriately be assumed by 
the counties, and its expense should by the above means 
be transferred to them when it is feasible to do so. If it 
is necessary for a forest officer to bring in a witness, the 
latter should pay his own expenses if possible. Either 
the forest officer or the witness can in such duly authorized 
cases be reimbursed by the court under the conditions 
imposed by law; but no reimbursement for expenses in 
connection with witnesses can be made by the Forest 
Service. Certain other expenses in connection with the 
trial itself can sometimes be assumed by the sheriff or the 
United States marshal, as the case may be, or by other 
agencies of the administration of justice. It is impossible 
to make general instructions which will fit every con¬ 
tingency. In case of any doubt, specific advice should, 
whenever possible, be sought before incurring the contem¬ 
plated expense. 

PREPARATION OF THE CASE. 

PREPARING THE MATERIAL. 

When all possible or necessary evidence in a case has 
been run down and the necessary witnesses provided for, 
with a definite understanding of just what each will 
testify to, all these facts in the case must be put into 
systematic and workable shape. 


66 


REPORT ON FORM 874-20. 

The first thing required is the report on Form 874-20, 
in accordance with the National Forest Trespass Manual. 

THE WORKING MEMORANDUM. 

For the purpose of the case in court a somewhat different 
organization of the material will be desirable, for which 
approximately the same form will apply, whether it be 
prepared for conduct of the case by the forest officer, 
which he will doubtless be called upon to do in many 
justice’s cases involving no legal difficulties, or as a memo¬ 
randum for the district law officer in more important or 
difficult cases. 

Several persons may be prosecuted together for the same 
fire, or any one alone. Separate fires, especially if on 
separate days, should be reserved for separate cases, so as 
not to have used up all ammunition if the defendant is 
unexpectedly acquitted on the first one. 

The main case .—Arrange the material so that it tells the 
story in chronological order. Confine the main case to the 
material essential to a clear and complete chain of evi¬ 
dence. This gains the advantage of clearness of impres¬ 
sion on the jury; too great a mass of evidence may muddle 
the main issue in their minds. Any additional material 
should be carefully worked up with a view to its use in 
rebuttal or in connection with surprise defenses as 
discussed below. 

Have your record perfectly clear as to exactly what part 
of the chain the testimony of each witness and each piece 
of documentary evidence will cover, and just what link 
each exhibit will support. Avoid repetition as far as 
possible. Whenever it is necessary to mention again 
something already related, simply refer to it, with the 
page on which it first occurs. If your record is to be used 
as a memorandum for the district law officer, the reviewer, 
if without other knowledge of the case, may otherwise have 
difficulty in determining whether such an incident is a 
new occurrence or one previously related. 



Rebuttal , etc. —Here one should anticipate what de¬ 
fenses may he set up and provide in advance for meeting 
them. The defendant will usually try to introduce 
testimony contradicting that of the prosecution; but he 
may put in evidence unexpected facts tending to explain 
away or otherwise refute the evidence of the prosecution. 
The cross-examination offers the first opportunity of 
nullifying such evidence; if this can not be accomplished 
at this point, the prosecution may need new testimony to 
impeach the credit of the defendant’s witnesses. 

Appendix. —A list of the witnesses, with brief notation 
of the exact facts to which each will testify, together with 
all documentary evidence and a list of exhibits, should be 
collected in an appendix, each separate item being 
designated by letter, as, for example, “Exhibit A.” At 
the appropriate points in the narrative record these 
documents, etc., should be referred to only by exhibit 
designation. This helps both in completeness and in 
keeping the narrative clear. 

Outline. —A good outline on which to get material 
together is the following: 

1. The offense—what, where, when, how, by whom, 
why. 

2. Information. 

(a) Rumors. 

( b ) Clues. 

3. Main evidence—the facts, in order, with names of 
witnesses who will testify to them, as shown in detail in 
appendix at end of report. 

4. Evidence available for rebuttal or to meet possible 
surprise defenses. 

5. Appendix—as above. 

USE OF MAPS. 

The trespass map. —The trespass map must show com¬ 
pletely the facts of trespass and damage suffered. It 
should include, therefore, land section, township, and 
range; boundaries between national forest and other lands; 
drainage; roads; houses and culture bearing on the case; 


68 


area covered by the trespass; and, in case of fire, its origin 
with respect to forest-land boundaries; cover species or 
type, and size of lumber; and nature and extent of damage. 
The investigator should not be required to make this map, 
if it can be done by others, such as rangers in charge of 
suppression. When necessary on account of close ques¬ 
tions of boundary, the district forester will send an expert 
surveyor to make a transit survey. 

The court map .—The map to be presented in court should 
be on a scale large enough to be legible when hung up 
so that the jury can all see it at once, since it is much 
more effective when used in this way. It should be con¬ 
fined to the data essential for the purpose, but it should 
show this with the utmost clearness. Its legend should 
give also its “approximate scale , ” and if angles of view 
are material, a statement that these are correct. Every 
care should then be used to see that they are correct. 
Any “trespass” or other designation on the original to 
which the defense could object as tending to prejudice 
the jury in advance must be omitted. 

As to land boundaries, the proclamation diagrams of the 
national forests can always be found in the biennial volume 
of the United States Statutes at Large, covering the year 
in which they were issued. Private land boundaries 
can be gotten from Forest Service status and verified and 
certified by the United States Land Office if desired. 

INVESTIGATION REPORT TO DISTRICT FORESTER. 

For all cases made the subject of law-enforcement in¬ 
vestigation. whether carried to court or not, a report in 
accordance with Form 618b must be made and forwarded 
to the district forester. This report is short and is the 
only one regularly required by this office to enable it to 
keep in record touch with the work. If the case is carried 
through the court by the investigating officer, this report 
will be complete; otherwise it will end where the case 
passed into the hands of the district law officer, or was 
dropped. 


69 


Publicity .—Whenever this report is made, either in 
connection with a memorandum for the district law 
officer’s consideration of a case or as final report of a case 
conducted by a field officer, the investigator should take 
pains to note any special features that will help to make 
press publicity most effective. There are often angles 
in such cases which can be used to the greatest advantage 
and which only the man on the ground can supply. If 
he desires to submit direct copy for this purpose, so much 
the better. 

PREPARING FOR COURT. 

PLANNING THE COURT CASE. 

When the case in court is to be conducted by the forest 
officer, he will need also to plan in as much detail as pos¬ 
sible every item in the procedure. This plan may, of 
course, be upset by unexpected moves on the part of 
the defense, but a plan definitely made in advance is the 
only basis of success. Such a plan can be changed to 
meet exigencies; but only wandering and oversight of 
critical needs can result from leaving each step to be 
planned as you go. 

The plan should include: 

1. Scrutiny of possible jurors, and of any whom you 
should try to remove by challenge if an advance line 
on the panel is possible. 

2. Preparation of prosecution statement of the case. 
(See under “Court procedure” below.) If the accused is 
to plead guilty, this will be used as a statement of the 
circumstances of the case, for which the justice generally 
asks to guide his sentence. If he does not do so, the 
prosecution should ask permission to make such a state¬ 
ment, unless it is reasonably certain that the court is 
already cognizant of and sufficiently impressed by all 
the essential features of the case. If leniency is recom¬ 
mended, on account of a confession, or of extenuating 
circumstances, minimum sentence should usually be 
asked. Reserve request for suspended sentence for very 
special merit; too many of these are dangerous. 


TO 

If a jury trial will be necessary, the prosecution must 
also plan: 

3. The exact order in which his witnesses should be 
called in building up the main case, and the questions 
which he will ask each one. When this is worked out in 
the rough, the whole should be studied in the light of the 
law of evidence so that mistakes may be avoided. 

4. In connection with what can be learned of the prob¬ 
able defense of the accused, who his witnesses will be, 
and what they will testify to, the line of cross-examina¬ 
tion must be worked out for each of his witnesses, in 
order to make the testimony accomplish as little for the 
defense and as much for the prosecution as possible. 

5. Your own witnesses and their evidence in rebuttal, 
or for the purpose of impeaching witnesses for the defense, 
of of counteracting surprise defenses. 

Every care should be taken not to let the defense get 
knowledge of your plans. 

GETTING AND PREPARING WITNESSES FOR COURT. 

Subpoenas, etc .—The attendance of witnesses for pre¬ 
liminary hearing or trial is secured by means of subpoenas, 
which can be issued by any magistrate having cognizance 
of the case. A witness may be arrested or bonded to 
insure his appearance in court; also, if the witness after 
having had the subpoena served upon him does not so 
appear, he is in contempt of court and subject to arrest 
and all other penalties attaching thereto. Subpoenas 
can be served only by handing them in person to the 
person for whom issued. They can, however, be served 
at any time of day or night. A subpoena issued by a 
justice of the peace, unlike a warrant, can also be served 
anywhere in the State, without the necessity of specific 
endorsement. 

Do not use witnesses from the Forest Service any more 
than is necessary, especially if either justice or jurors are 
likely to be affected by hostility to it or its v r ork. Select 
for witnesses persons of as high reputation as possible, 
since the defense will attack them if it can. 


Preparing witnesses .—-A definite understanding must 
be had with each prosecuting witness as to exactly what 
he will testify to, based both on what he can testify to 
and on what portion of this you will want him to testify 
to. His testimony must then be gone over, to insure both 
that he will tell the exact facts and that his statements 
will not be open to objections by the defense, which 
might destroy the effectiveness of the evidence, as well 
as mix up the witness; but care should be taken to avoid 
anything that can be misconstrued as “coaching,” or 
“framing” of evidence. In connection with this work 
certain points are always legitimate, and should be clearly 
impressed upon witnesses. 

1. On direct examination they should only answer 
questions, not explain. This will let the questioner be 
the judge of what and how much shall be said. 

2. Except when it is based upon a written record, 
which can be referred to in court, testimony should not 
be too exact, especially as to time, but should be qualified 
by some such phrase as “to the best of my recollection.” 
This will prevent giving a loophole for its discrediting 
by the defense on any points of nonessential exactness. 
If exactness is required on any point, see that you have a 
record to make it so. 

3. When testifying from a notebook or other record do 
not read word for word, but let the record be referred to 
as a guide or help to the memory on details. This is 
always permissible, whereas direct reading may raise 
annoying objections to the admission of the record in 
evidence. 

4. Photographs must be introduced in evidence by the 
person who made them. Enlargements must be accom¬ 
panied in evidence by the originals from which they 
were made. 

Other points may need attention, of which the following 
may be mentioned: 

5. Testimony of conversations at second hand can not 
be used in court. 

6. Testimony respecting a confession should usually 
relate the conversation and the fact that it was voluntary, 


without referring to it as a confession, or to the signed 
statement, unless, or until, the examiner desires so to 
bring it in. 

7. Testimony on matters requiring expert opinion 
necessitates the qualifying of the witness, and the basis 
of this qualification should be definitely determined. 

A scientific expert usually tells the attorney what he has, 
and submits a list of questions, then together they decide 
upon the ones to use. The materials upon which expert 
testimony is based must, of course, first be placed in evi¬ 
dence by the witness who found them. In respect to 
finger prints, for example, a forest officer should testify 
that he found the given article, suspected it to contain 
such prints, developed them, and later secured the prints 
of the suspect. But no nonexpert witness will be allowed 
to testify as to similarities or any other matter of opinion 
or conclusion. If it has not been possible to get expert 
evidence as to identification, the matter will have to be 
left there, for the jury to study and draw their own con¬ 
clusions, except that the attorney or other person con¬ 
ducting the prosecution can take up the subject later in 
his argument to the jury, and, if he has not been able to 
bring on an expert witness to testify to such matters, he 
may then draw out what would otherwise have been 
covered by them. This, of course, is a less effective 
method than to have the identification covered by actual 
testimony. 

8. Guard, as far as possible, against opinions by your 
own witnesses that the accused was drunk when the 
offense was committed or that he is a monomaniac (that 
is, in respect to setting fires). These constitute possible 
defenses which will be seized by the opposing side. If on 
their own motion they set up such a defense, every means 
should be used to counteract its effect on the jury, either 
by impeaching such testimony or by strengthening ele¬ 
ments of the case showing moral responsibility. When 
such a defense is probable, prepare for it beforehand. 

A case against a female defendant, or anyone with a 
bodily infirmity, must be exceptionally strong, since 
juries are easily swayed by sympathy in such cases. 


73 


Every precaution should be taken to minimize the effect 
of possible appeals to such sympathies. 

AMENDMENT OF COMPLAINT. 

Should it be found, after all preparation has been made, 
that, for any reason, such as the failure to obtain a witness, 
the sustaining of some count will be impossible or im¬ 
probable, or, if at any time the complaint is found to be 
defective, application can be made for its amendment or 
for the issue of a new one. The latter usually involves 
fewer difficulties. 

PRELIMINARY HEARINGS. 

In Federal cases action is better commenced on misde¬ 
meanors by an information filed in the Federal court by 
the United States attorney rather than by an indictment; 
in the case of felonies action must always be commenced 
by indictment of a grand jury. The binding over to a 
grand jury of a prisoner previously arrested necessitates 
a preliminary hearing to determine whether he shall be 
so bound or be dismissed, unless the prisoner waives the 
hearing. If he has an attorney or knows his own best inter¬ 
ests, he will not waive it. 

Preliminary hearings are undesirable, from the stand¬ 
point of the prosecution, for three reasons: (1) The prose¬ 
cution must state its case, with witnesses, and thus show 
its hand, while the defense need not show anything; (2) 
the prosecution is thus under the expense of producing its 
witnesses one more time than would otherwise be neces¬ 
sary; and (3) the commissioner or magistrate, if unfavor¬ 
able to the case, or perfunctory, can dismiss the accused 
instead of binding him over for trial. Such dismissal does 
not prohibit his being brought to trial through other means, 
but it is a hindrance which should not be invited. Unless 
immediate arrest of the criminal is necessary, as discussed 
under “Warrants,” the facts in Federal cases should first 
be submitted to the district law officer, who will, if the 
evidence warrants, initiate proper action through the 
United States district attorney, and thus avoid the pre- 


74 


liminary hearing complication. Arrest will then be made 
by the United States marshal after the indictment is 
secured. 

THE CASE IN COURT. 

COURT PROCEDURE. 

Only the procedure in a justice’s court, in which forest 
officers may have to conduct their own cases, will be dis¬ 
cussed here. 

ORDER OF PROCEDURE. 

1. Arraignment .—Reading of complaint and taking of 
the plea, which is oral. The defendant must be person¬ 
ally present when this is done. 

2. Impaneling the jury .—Unless a trial by jury is waived 
by consent of the parties in open court, the bailiff under 
instructions from the court summons 12 men to fill the 
jury box. Either party may examine the panel to ascer¬ 
tain whether there is cause for objection to any member 
thereof, and, if the jury is then satisfactory to both parties, 
it will be sworn. 

Challenges .—Upon challenge for cause any or all may be 
excused by the court if the cause alleged be deemed 
sufficient in the opinion of the court. The causes for 
challenge are numerous and are set out in sections 1071 
and 1074 of the Penal Code. It is sufficient here to indi¬ 
cate briefly the more important, which are: lack of any 
of the qualifications prescribed by law; unsound mind; 
previous conviction of a felony; bias. The first and third 
would many times be only ostensible causes. The most 
vital cause is really bias. This may result from relation¬ 
ship to or friendship for the accused, or interest in the 
outcome of the case, antagonism to the Forest Service or 
to forest officers concerned or to fire or game prosecutions, 
or belief in burning as advantageous, etc. 

Of peremptory challenges the prosecution is entitled to 
five , for which no cause need be shown, and the defendant 
is entitled to ten. Since peremptory challenges are lim¬ 
ited in number, challenge for cause should always be 
exhausted first. In making a peremptory challenge 


75 


simply say to the court, “I would like to have John Doe 
excusednever say, “I challenge John Doe.” 

3. Opening statement of the prosecution to the court 
and jury, outlining briefly what the case is and in general 
terms what the prosecution expects to prove in such a 
way that the case will be clear to the jury. This is ex¬ 
tremely important. 

4. Introduction of evidence by the prosecution, each 
witness for the prosecution being examined in the fol¬ 
lowing order: 

(а) Examination in chief, or direct examination, 

by the prosecution. 

(б) Cross-examination by the defendant. 

(c) Reexamination by the prosecution. 

5. Prosecution rests its case. 

6. Statement by the defense of its case, with a brief 
outline of what it expects to prove. 

7. Introduction of evidence by the defense, each wit¬ 
ness for the defendant being examined in the following 
order: 

(a) Direct examination by the defense. 

( b ) Cross-examination by the prosecution. 

(c) Reexamination by the defense. 

8. Rebuttal, if any, by the prosecution. 

9. Argument; prosecution opens, then defense, then 
the closing by the prosecution if it so desires. 

10. Charge to the jury by the court. 

11. Verdict of jury. 

12. Sentence, or discharge of defendant. 

EXAMINATION OF WITNESSES. 

Direct examination , or examination in chief. —Witnesses 
are directly examined by the side for which they appear, 
to elicit the truth about the matter involved in the case, 
or so much thereof as will be calculated to benefit the case 
of the party calling the witness. One should know just 
what facts can be proven by the witness and ask only such 
questions as are necessary to bring out those facts. Never 
ask a question without a definite object, and when the 
witness has given the testimony for which he has been 


76 


called discontinue the examination at once. Endeavor 
to put a favorably disposed witness at his ease. Adopt 
a friendly and respectful manner and begin by asking a 
few simple questions, such as name, place of residence, 
and business, in an ordinary conversational tone, giving 
the witness time to collect his ideas and get over the natural 
embarrassment which most persons feel when first put 
upon the stand. Then direct his mind to the matter about 
which his testimony is required, and after starting him on 
the right track let him tell his story in his own way, with 
no more interruption than is necessary, since interrup¬ 
tions tend to confuse and irritate. 

If it is necessary to call a hostile witness, adopt a more 
positive manner and endeavor to make him state just as 
much as is required and no more. All attempts at ex¬ 
planation should be stopped by telling him that he will 
have an opportunity to explain as soon as he has answered 
the question. If the hostility of the witness is made ap¬ 
parent to the court, he may permit leading questions 
(in which the answer is indicated by the question) to be 
asked in the examination in chief, although ordinarily 
one is not allowed to ask his own witnesses leading ques¬ 
tions. 

In introducing a map as evidence, if objection is raised 
by the defense on the score of accuracy, which can not 
otherwise be overcome, state that you merely wish to in¬ 
troduce this map to illustrate the witness’s testimony. 

Cross-examination .—The witness under cross-examina¬ 
tion is of the opposing side; he is presumably adverse and 
is likely to say something damaging if given the oppor¬ 
tunity. Therefore, the rule never to ask a question with¬ 
out a definite object is doubly important. Indirect or 
camouflaged questions are of the greatest service in cross- 
examination, to drag out facts which the witness will be 
on his guard against admitting. 

The principal things to be guarded against in cross- 
examining are: (1) Permitting the witness to supply any 
omissions which he may have made in his testimony in 
chief; (2) permitting him to explain any apparent incon¬ 
sistencies that he may have fallen into; (3) allowing him 


to repeat and emphasize his testimony given on direct 
examination; (4) asking any question which will give the 
opposing counsel opportunity to bring out on reexamina¬ 
tion some unfavorable testimony which would not have 
been admissible but for the injudicious question put 
during the cross-examination. 

It is well to learn all you can about the history of the 
witness you expect to cross-examine, as facts concerning 
his life or previous activities may enable you either to 
discredit his testimony or to bring out facts to help your 
own case. The main idea of the cross-examination is to 
discover the weak point or points in the witness to be 
cross-examined. If the witness has, on direct examination, 
told a story which is known to be or is evidently fabricated, 
such fabrication can not be exposed by taking the witness 
step by step over the story as he told it on direct examina¬ 
tion; but it may be done either by beginning to cross- 
examine concerning facts outside the story, or by skip¬ 
ping back and forth from one point in the story to an¬ 
other, or both, in order to disconnect his fabricated train 
of thought, if possible. 

If a defendant denies on the stand a confession intro¬ 
duced by your witnesses, his signed confession may be 
introduced in rebuttal, first having laid the foundation by 
asking the defendant if he did not sign a confession. If 
he denies the confession and signature, the following 
procedure may be adopted. First, appear to pass over 
the matter; then later casually ask the defendant to write 
on paper a number of apparently meaningless words, such 
as “cat, dog, car, land, stone.” Some of the words in¬ 
cluded, however, are words whose initial letters, and cer¬ 
tain syllables in them, are the same as corresponding 
elements in the defendant’s signature. At the end he is 
asked to sign his name. If he has written his usual 
signature, it is then immediately introduced for com¬ 
parison by the jury with his signature appearing at the 
close of the confession. If he has been shrewd enough to 
suspect a ruse, and has disguised his signature to the list 
of words, this fact can be demonstrated by comparing the 
signature with, the corresponding syllables and letters 


78 


appearing in the words themselves, and also by showing 
that the latter do correspond with his confession signature. 

Reexamination .—This is for the primary purpose of 
repairing any damage which opposing counsel may have 
done to your case in his cross-examination of your witness. 
Advantage is of course taken of the opportunity to 
strengthen one’s own case in any particulars in which the 
need for it may have become apparent and in which it is 
possible to do so; but no new matters may be introduced, 
unless the opposing side has opened the way for them in 
questions on cross-examination. 

Rebuttal , etc.— Rebuttal testimony, as the name implies, 
must be based on testimony already introduced by your 
opponent, which it is desired to refute or nullify. Ad¬ 
ditional testimony regarding a confession whi 'h the 
defendant has denied on the stand can, for example, be 
introduced in rebuttal. In such a case, a witness on your 
side can then be asked the direct question whether he 
remembers a given conversation or statement. But no 
new material, that is, matters for which the way has not 
been opened by preceding testimony, can be introduced. 

One of the common methods of rebuttal is the impeach¬ 
ment of opposing testimony. The credit of a witness may 
be impeached in four ways: (1) By disproving, by the 
testimony of other witnesses, any facts stated by him which 
are material to the issues on trial; (2) by proof of his having 
made statements out of court inconsistent with his testi¬ 
mony (this being usable only if you have first laid the 
necessary foundation by interrogating the witness, in the 
cross-examination, about such contradictory statements); 
(3) by proof of any facts showing a bias or prejudice on the 
part of a witness in favor of the party by whom he was 
called, or against the prosecution (such as relationship, 
sympathy, or interest in the outcome of the case); (4) by 
general evidence affecting the witness’s character for 
veracity. 

Direct and reexamination by opposing side .—During 
direct examination, or reexamination, of their own wit¬ 
nesses by the opposing side, attention must be given to all 
the questions and answers. Notes taken of the testimony 


79 


are very helpful for one’s own cross-examination of oppos¬ 
ing witnesses, as well as for one’s argument to the jury if 
such an argument is to be made. 

OBJECTIONS. 

The strictest attention to questions is necessary, during 
examination of their own witnesses by the opposing side, 
both to see that they are properly put and to ascertain their 
design; and to the answers, so as to consider their effect, 
and to prevent any objectionable testimony being received 
without exception being made to it. Good judgment and 
great quickness of perception are necessary, as well as 
familiarity with the law of evidence, to know exactly 
when and how to object to evidence. The making of too 
frequent and too frivolous objections is apt to have a bad 
effect on the jury, especially when they are overruled; on 
the other hand, many a case has been won by skill in 
invoking and enforcing objections at the right moment. 

Improper questions must be objected to before they are 
answered. If, however, the question be one which does 
not necessarily call for incompetent testimony but such 
testimony is in fact given in reply thereto, objection should 
be made, not to the question but to the answer, or to such 
part thereof as may be incompetent or irrelevant, as soon 
as this fact becomes apparent. When a question calls for 
evidence which may or may not be competent, the oppos¬ 
ing counsel has a right to interpose and cross-examine the 
witness upon points material to the competency of his pro¬ 
posed answer; and when a question calls for evidence 
which may or may not be relevant, the questioner may 
be required to state beforehand the purpose of such testi¬ 
mony in order that its admissibility may be determined. 
Leading questions need not be objected to unless the 
answer which they suggest is material to the case and ob¬ 
jectionable to the opposing side. In merely formal or 
introductory matters leading questions are not only un¬ 
objectionable, but rather desirable, as calculated to save 
time by bringing the witness to the point at once. 

42956—23 -6 



80 


Objections to questions need not ordinarily be made to 
the court in the first instance, but rather by a good-natured 
caution to the opposing counsel. If he persists in offending 
along the same line, direct appeal to the judge is in order. 

THE LAW OF EVIDENCE. 

The rules as to what facts may be presented in evidence, 
how they may be presented, and their effect, constitute 
the law of evidence. 

The general rule is that evidence, to be admissible in 
court, must be (1) relevant, that is, directly related to or 
connected with the “facts in issue” (see below); (2) com¬ 
petent, that is, the proper kind of evidence by which to 
prove any relevant fact alleged; and (3) material, that is, 
having a direct bearing and not raising collateral issues. 

FACTS ADMISSIBLE IN EVIDENCE. 

Facts in issue .—In a criminal case whatever facts must 
necessarily be considered by the court in determining 
whether the accused is guilty are relevant, and evidence as 
to their existence or nonexistence may be introduced. 
Such facts are said to be “in issue.” For instance, in the 
trial on an indictment of the accused for willfully setting 
on fire certain timber, underbrush, and grass on the public 
domain, the following facts are necessarily involved, that 
is, are “in issue,” and may be proven: (1) that there was 
a man-caused fire at a certain time and place on the public 
domain, by which timber, underbrush, and grass were 
burned; (2) that this fire w r as set or caused to be set by the 
accused ; and (3) that in doing this the accused acted will¬ 
fully. 

Facts relevant to the issue .—Facts not themselves directly 
in issue but which, being proved to the court, would 
establish conclusively the existence or nonexistence of 
the facts in issue, are called “facts relevant to the issue” 
and may always be given in evidence. This is cir¬ 
cumstantial evidence. All facts so connected with a 
fact in issue as to form a part of the same transaction or 
subject matter (for instance, statements explaining an 


81 


act and made simultaneously therewith); or as constituting 
a probable cause for it (as that the accused did or did not 
have any motive, or that he did or did not make any 
preparation for doing it); or as the natural effect of it 
(as where the subsequent conduct of the accused was 
such as to be apparently influenced by his having done 
the act); or as necessary to explain or introduce it, are 
admissible. Such facts are called in legal parlance “res 
gestae. ” 

When, however, facts offered do not furnish conclusive 
proof of the facts in issue, but merely render their existence 
or nonexistence more or less probable, it is within the 
province of the judge to say whether they may be 
admitted. But the judge’s discretion in this connection 
is subject to certain established rules, by which some 
classes of facts are always excluded. 

Character, hearsay , opinion .—It is the general rule that 
character, hearsay, and opinions are irrelevant and not 
admissible, except in certain instances. 

The fact of a person’s having a good or bad character 
is not admissible in evidence as the ground for an inference 
that he did or did not do a certain thing, except that in 
criminal cases the accused may show that he has a good 
character as a fact from which the jury may infer that he 
is not guilty. When this fact of character is put in 
evidence by the accused, it may be contradicted like 
any other fact; and the prosecution may show that he 
has not a good character by proof that he has a bad one. 
The admission of this evidence in rebuttal is in accordance 
with the principle stated under “Production and Effect 
of Evidence. ” 

Hearsay is commonly held not to constitute evidence 
because (1) it has not been made under the moral obliga¬ 
tion of an oath, with the liability to criminal prosecution 
in case of falsehood; (2) the accused has had no opportunity 
of cross-examining the original witness in order to elicit 
his sources of information, as well as any facts which he 
may not care to disclose, and to test the general accuracy 
of his statements, and to show whether he has any bias; 
and (3) the original testimony has not been given in open 


82 


court where the jury might observe the demeanor of the 
witness while giving it. 

There are certain exceptions to the rule excluding 
hearsay, the most important of which, from our standpoint, 
are: (1) Where it is rendered necessary by the difficulty 
of other proof (for example, statements of a dying person); 
(2) where the circumstances under which hearsay state¬ 
ments are made furnish some guarantee of their reliability 
other than the fact of their having been made; (3) where 
such statements are in the nature of confessions or admis¬ 
sions (which may or may not constitute hearsay). An 
admission, in general, may be either (a) a direct statement 
of main facts in issue, or (6) a statement, or act, from 
which inferences may be drawn as to main facts in issue. 
A direct statement, in criminal cases, of complicity or 
guilt in respect to main facts in issue is called a confession, 
and to be admissible it must be made voluntarily. No 
confession is considered voluntary if made under promise 
or threat from a person in authority. The term ‘"admis¬ 
sion ” is usually restricted to involuntary statements, or 
acts (implied admissions), from which inferences can be 
drawn as to main facts in issue, and these are in the 
nature of circumstantial evidence. Statements which con¬ 
stitute confessions or admissions must be proved in the 
ordinary way by the introduction of testimony, oral or 
written, as to the language constituting the admission; 
and where they are also in the nature of hearsay, the 
precautions previously noted should be observed. 

Opinion is usually not admissible in evidence, except 
by an expert duly qualified as such. Such qualification 
is established in the direct examination, simply by asking 
the witness whether he has had experience in the matter 
in question (as in tracking, for example), how much expe¬ 
rience, over how many years, etc. This may be done 
immediately after the opening questions as to name, resi¬ 
dence, occupation, if the testimony involving opinion is 
then desired; otherwise, whenever the point in his testi¬ 
mony is reached where it is desired to introduce the latter. 
The questions designed to bring out the testimony of 
opinion can then be proceeded with. It is not necessary 


to make any formal statement of intention to qualify the 
witness as an expert. If the qualification as an expert has 
inadvertently been omitted, opposing counsel will doubt¬ 
less object as soon as questions involving opinion are intro¬ 
duced, whereupon the qualification as an expert can be 
made, and the evidence in question admitted by the 
court if the qualification be deemed sufficient by him. 

KINDS OF PROOF BY WHICH FACTS IN ISSUE MAY BE 

ESTABLISHED. 

Fads regularly proven .—It is the general rule that courts 
in deciding issues of fact will consider only such evidence 
as may have been presented by the respective parties and 
will entirely disregard all facts not regularly proven. To 
this rule there are two exceptions, the first being as to 
certain facts of which the courts take “judicial notice,’ 
or recognize as within their own knowledge without re¬ 
quiring any proof thereof, the second being as to such 
facts as are formally admitted by both sides. The latter 
class is not of so much importance in criminal cases as in 
civil actions, where a mutual agreement on such points 
may materially reduce the ground necessary to be covered 
by proof. 

Primary and secondary evidence .—Ordinarily the most 
natural and satisfactory method of proving the existence 
or nonexistence of any fact is by the direct oral testimony 
of witnesses; but to this there are certain exceptions. 
Oral evidence may not ordinarily be given of any trans¬ 
action of a public nature of which the law requires a 
record to be kept. For example, judicial proceedings 
must be proved from the records of the court and not by 
the oral testimony of persons who were present at the 
trial. The contents of a written instrument ordinarily 
can only be proved by production of the document itself. 
The terms of a contract or grant which the parties have 
reduced to writing and which it is sought to prove by one 
of the parties must be proved by production of the docu¬ 
ment its3lf, except in certain cases. The general rule is 
that all facts must be proved by the best kind of evidence 
obtainable, called “primary evidence”; but under cer- 


84 


tain specified circumstances the proof of the contents of 
writings is permitted—as when the original has been de¬ 
stroyed—by means of copies, oral testimony, etc., called 
“secondary evidence.” 

Along with oral testimony there may also be produced 
in evidence and identified by the witnesses various things 
other than documents which it is desired to have the jury 
inspect. Such documents and objects are designated as 
“exhibits.” 

PRODUCTION AND EFFECT OF EVIDENCE. 

As to parties by whom proof must be produced, it is 
obvious that the suitor who relies upon certain facts 
should be called upon to prove them. The general rule 
is that the burden of proof is upon the party who asserts 
the affirmative of the issue. In a criminal proceeding the 
burden of proof is upon the prosecution, which, in order 
to obtain a conviction, must prove the guilt of the accused 
beyond a reasonable doubt. The prosecution must pro¬ 
duce its evidence first, and must exhaust its evidence in 
the first instance; that is, the prosecution may not first 
rely upon a prima facie case and, after that has been 
shaken by the proof offered by the accused, call other 
evidence to confirm it. After the accused has concluded 
his proof the prosecution can bring in further evidence only 
for the purpose of contradicting the affirmative facts 
brought into the case by the accused, and may not attempt 
to prove his guilt by evidence of a state of facts different 
from that offered in the first instance. 

Thus, if in the trial on an indictment of the accused for 
willfully setting on fire certain timber, underbrush, and 
grass on the public domain, evidence be offered that the 
accused set certain lenses designed to concentrate the 
rays of the sun on a bunch of matches surrounded by 
inflammable material, and that thereafter the fire occurred; 
and should the accused then offer evidence to the effect 
that the so-called lenses were defective and would not 
concentrate the rays of the sun, the prosecution could 
attempt to contradict this evidence of the accused, but 
could not offer evidence tending to show that the accused, 


85 


after observing the failure of the lenses, returned and 
started the fire with a torch. 

COMPETENCY OF WITNESSES* 

• 4 

All persons offered as witnesses are presumed to be 
competent to testify until the contrary is shown to the 
satisfaction of the court. Objection to the competency of 
a witness must be made before his examination in chief if 
the disqualification is then known to the party objecting, 
or, if it is not then known, the objection must be made as 
soon as the disqualification appears. A witness may be 
incompetent owdng to lack of mental capacity arising 
from extreme youth, disease, intoxication, or other cause. 
The defendant in a criminal case is a competent witness 
in his ow 7 n behalf, but can not be compelled to testify. 
A lawyer is not permitted, except with his client’s express 
consent, to testify as to any confidential communication 
made to him by or on behalf of his client during the course 
and for the purpose of his employment. Husband and 
wife are not permitted to disclose confidential communi¬ 
cations made to each other during marriage, even if the 
marriage has since been terminated by divorce or the death 
of one of the parties. Under the California law neither the 
husband nor the wife is a competent witness for or against 
the other in a criminal action or proceeding to which one 
or both are parties, except with the consent of both, or in 
cases involving violence upon one by the other and 
those involving failure to support the wife or child. 


APPENDIX A. 

Equipment. 

Speed in get-away will often be as essential in the 
criminal detection work as in fire suppression. Complete 
equipment should be kept in a carrying case reserved 
for this purpose. The only way to insure its complete¬ 
ness is to look over and replenish equipment when you re¬ 
turn from a case, and not leave it until you want to start 
again. Have a list of what should be there pasted on the 
inside flap of the case. 

Equipment should include: 

Law enforcement manual. 

Fish and game laws pamphlet. 

Notebook (common red bound form 289), pencils (one 
hard drawing),' fountain pen if available, writing paper, 
and a few envelopes, forms (expense, etc.). 

Maps (general location), and square-ruled paper for 
making local sketches. 

Compass (F. S., or else box and Abney level), pocket 
steel tape or light rule. 

The above, except for the fountain pen, may be ob¬ 
tained on requisition through the supervisor. 

Fingerprint powders and containers, camel’s-hair brush, 
atomizer spra'y and shellac solution, plaster of Paris and 
water glass if desired. These may be either obtained 
locally, price to be included in reimbursement accounts, 
or they will be purchased in San Francisco upon request. 
Except when otherwise requisitioned, the fingerprint pow¬ 
ders furnished will be dragon’s blood for light surfaces 
and talcum powder for dark surfaces, together with shellac 
solution and atomizer for fixing the nonsetting powders. 
A leather case with compartments for the fingerprint bot¬ 
tles is convenient, but not necessary, and can not be 
officially furnished. Bottles will be furnished on requi¬ 
sition, of such size as to fit in a tobacco can which can be 
lined with flannel at home. 

Cleaned gloves for fingerprint work. 

( 86 ) 


87 


Camera and tripod are often of very great value. They 
should be included in the equipment when they are avail¬ 
able. Films used for privately owned cameras in official 
work may be purchased officially. (See supervisor for 
procedure.) In order that reimbursement may be made 
in the event of damage to privately owned cameras used 
in official work, application should be made through the 
supervisor for a contract of hire by the Forest Service. 

The attachment called Universal clamp and tripod head, 
which permits attachment of a camera to boards or other 
supports at any angle, will be furnished on requisition for 
official use. 

APPENDIX B. 

Federal courts and U. S. commissioners . 

The State of California is divided into Federal judicial 
districts as follows: 

NORTHERN DISTRICT. 

Commissioners in this district are located at Alturas, 
Dorris, Marysville, Red Bluff, San Francisco, Monterey, 
Stockton, Eureka, Covelo, Hollister, Jackson, Sacramento, 
and Willits. 

Divisions— For Federal court purposes the northern 
district is divided into: 

Northern division .—Comprising the counties of Del 
Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, 
Lassen, Tehama, Plumas, Mendocina, Lake, Colusa, 

Glenn, Butte, Sierra, Sutter, Yuba, Nevada, Sonoma, 

* , 

Napa, Yolo, Placer, Solano, Sacramento, Eldorado, San 
Joaquin, Amador, Calaveras, Stanislaus, Tuolumne, Al¬ 
pine, and Mono. 

Court is held at Sacramento second Monday in April 
and first Monday in October, and at Eureka third Monday 
in July. 

Southern Division .—Comprising the counties of San 
Francisco, Marin, Contra Costa, Alemeda, San Mateo, 
Santa Clara Santa Cruz, Monterey, and San Benito. 

Court is held at San Francisco, first Monday in March, 
second Monday in July, and first Monday in November. 


Southern District. 


* 


Commissioners in this district are located at Riverside, 
San Diego, Fresno, Bakersfield, Los Angeles. San Bernar¬ 
dino, Fresno, and El Centro. 

Divisions. —For Federal court purposes the southern 
division is divided into: 

Northern Division. —Comprising the counties of Fresno, 
Inyo, Kern, Kings, Madera, Mariposa, Merced, and Tulare. 

Court is held at Fresno, first Monday in May and second 
Monday in November. 

Southern Division. —Comprising the counties of Imperial. 
Los Angeles, Orange, Riverside, San Bernardino. San 
Diego, San Luis Obispo, Santa Barbara, and Ventura. 

Court is held at Los Angeles, second Monday in January 
and second Monday in July; and at San Diego, second 
Monday in March and second Monday in September. 

APPENDIX C. 

Form of Legal Processes. 

It is well for the forest officer to be familiar with the 
proper forms of the legal processes with which he will 
have to do. Warrants, subpoenas, etc., however, will be 
prepared by the issuing magistrate and the forest officer 
will have no direct responsibility for their form; he will 
only need to be sure that they properly state the facts of 
the case, which he must properly have stated in his com¬ 
plaint (see p. 58). The correctness of the latter only his 
knowledge and care can insure, and he must therefore be 
thoroughly familiar with its requirements. On any doubt¬ 
ful points, especially of form, the magistrate will doubtless 
be glad to give him assistance; but he should not be en¬ 
tirely dependent on such help. 

Complaint. —The following is an accepted form. The 
letters (a), (b), etc., inserted in the blank spaces refer to 
illustrative wordings for different kinds of cases, following. 
These, however, should not be followed verbatim unless 
they fit the individual case; every case should be stated 
on its own merits. 


89 


In the Justice’s Court 
of 

.Township, County of. 

State of California. 
The People of the State of California 


.Plaintiff ' 

vs. 

..*.Defendant.. 

Complaint-Criminal. 

P. C. Secs. 806, 809,142- 

Personally appeared before me, this. 

day of.19_, .of 

..in the County of 

....State of 

California, who, first being sworn, complains and says: 

That-(a)_(b). 

of.....on the.day of 

.19.and before the filing of this 

complaint, at.in the said 

County of., State of California, 

(c) ..!.(d) .... (e) ... . (f). 


all of which is contrary to the statute in such cases made 
and provided, and against the peace and dignity of the 
people of the State of California. 


Said complainant therefore prays that a warrant may be 

issued for arrest of the said. 

and that_he_may be dealt with according to law. 

Subscribed and sworn to before me this.day 

of,. ., 19.. 


Justice of the Peace of said Township. 
Illustrative wordings — 

(a) John Doe of Peanut, California, 

(b) John Doe of Peanut, California, and Richard Roe of 
Milpitas, California. 

(c) Did in violation of subsection 1 of section 384 of the 
Penal Code of the State of California set fire, or cause or 



























90 


procure fire to be set, to forest, brush, and other inflamma¬ 
ble vegetation growing on lands not his own without the 
permission of the owner of such lands, to wit: the SE. SE. 
section 2, T. 23 N, R 11 W, M. D. M. 

(d) Did in violation of subsection 2 of section 384 of the 
Penal Code of the State of California allow a fire to escape 
from his control, he having charge thereof, and spread to 
lands not his own, to wit: the SE. SE. section 2, T.23 N., R 
11 W, M. D. M., without using every reasonable and proper 
precaution to prevent such fire from escaping, whereby 
timber, brush, and other inflammable vegetation on said 
lands was burned. 

(e) Did in violation of subsection 3 of section 384 of the 
Penal Code of the State of California burn brush, logs, fal¬ 
len timber and grass on his own land without taking every 
proper and reasonable precaution to prevent the escape of 
the fire, whereby said fire did escape and spread to the 
lands of another, and did burn timber, brush, and other 
inflammable vegetation on such lands. 

(/) Did in violation of subsection 4 of section 384 of the 
Penal Code of the State of California leave a fire burning 
and unextinguished upon departing from a camp or camp¬ 
ing place in the SE. section 2, T 23 N, R 11 W, M. D. M. 

Affidavits .—A complete and satisfactory form is as fol¬ 
lows: 

State op California, 


County of . ss. 

John Doe, of .being first duly 


sworn, deposes and says: 


Signed... 

Subscribed and sworn to before me at 
this.day of. 


(Affiant.) 


19.. 


Forest Ranger. 

If the Statement to which affidavit is desired has already 
been written, or if it seems undesirable, on account of the 












91 


effect on the witness, to begin the written statement with 
the formality of an affidavit (see p. 63), the form of oath 
only, following the signature of the affiant, will be suffi¬ 
cient. 

APPENDIX D. 

Outline for law enforcement investigation report to district 

forester. 

(See p. 68.) 

1. Trespass case designation (or fire, etc., if case not car¬ 
ried to trespass status). 

2. Name of trespasser (unless given in designation), and 
address. 

3. Is trespasser a forest user; if so, how? 

4. Nature of trespass; location; size of area (e. g. in fire); 
date (unless given in designation h 

5. (a) Was it prosecuted; under what statute; where 
tried; when; result of trial, (b) If not tried, what disposi¬ 
tion was made of case? 

6. Name of investigating officer (and assistants, if any) t 
dates investigation commenced and closed. 

7. Brief summary of evidence against suspect or de¬ 
fendant. 

8. Suggestions for publicity on this case; and for action 
respecting justice, or other officer, if any. (See p. 69.) 

9. Personal description of trespasser (in cases of con¬ 
viction; or of aggravated malice, when not convicted): 
(a) Age; (6) height; (c) weight; ( d ) eyes; (e) hair; (/) 
any other peculiarities aiding in identification; ( g) occu¬ 
pation; ( h ) habits (especially if peculiar and having 
bearing on identification or apprehension); (i) general 
reputation; (j) associates; (k) additional remarks. 

10. (a) Signature of reporting officer; ( b ) place and 
date of report. 


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INDEX 


Page. 

Accuracy of testimony, increasing the. 49' 

Acquittal in justice’s court no bar to Federal prosecution. 17 

Action, courses of, in respect to trespasses. 15,21,23 

Actions under legal processes. 57 

Administrative action: 

Fire trespass. 19 

Fish and game trespass. 20 

Grazing trespass. 21 

Occupancy trespass. 23 

Admissions, use of as evidence. 54,82 

Advice: 

Legal. 6 

On incurring expenses. 64 

Affidavits. 63 

Alibis, breaking down. 51 

Amendment of complaint. 73 

Antagonism, avoiding in interviews. 45 

Argument to the jury. 75 

Arraignment in court. 14 

Arrest: 

Bearing of, on taking finger prints. 39 

Complaints and warrants for. 57 

Expenses in connection with. 64 

Making the. 61 

On justice’s warrant in another county. 60 

Precautions in federal cases. 57 

Without warrant. 57,63 

Arresting Indians on a reservation. 14 

Ashes, recording footprints in. 37 

Assistance: 

From district office. 41 

In making arrests. 61 

Assistant, use of: 

In arrest. 26 

I n int errogation. 50 

In searching for and following clues. 26,29,33 

Attitude of officers, importance in interrogation. 44 

Authority of forest officers. 5 

Automobile tracks, following and interpreting. 35 

Automobiles, searching. 63 

Backfires, legal status of. 10,13 

Bias: 

Effect of, on testimony. 43 

Challenge of witnesses for, in court. 74 

( 93 ) 










































94 


Page. 

Binding over prisoners to Federal courts. 63 

Bluff, use of. 53 

Brush, following tracks through. 34 

Bulldozing, avoiding charges of. 61 

Burden, carrying effect of on tracks. 34 

Burden of proof, in court. 84 

Burnt paper, to restore. 41 

Case: 

Preparing for court. 69 

In court, the.■.. 74 

Preparation of— 

Bearing of complaint on. 58 

Materials for. 64 

The complete. 32 

The true. 30 

Which will stand in court. 32 

Casts of footprints, making. 26 

Cement, Portland, for making casts. 36 

Challenge of jurors. 74 

Character, use of, in evidence. 67,76,81 

Check tracks, getting. 35 

Circumstantial evidence. 80,82 

Civil action: 

Fire trespass. 16,18 

Grazing trespass. 20,21 

Occupancy trespass. 23 

Property trespass.i. 24 

Civil laws. 15 

Claims, wildcat mining, etc. 23 

Clues: 

Searching for. 27 

Special. 33 

What they are. 27 

Commandeering property. 14 

Competency of— 

Evidence. 80 

Witnesses. 85 

Complaints: 

Amendment of.*.. 73 

A nd informations.. 5S 

Bearing of, on case in court. 58 

In arrest without warrant. 63 

Confessions: 

Forcing. 54 

Using in court. 71,78,79 

Value of as evidence. 34,82 

Conspiracy: 

Federal law of. : . 7 

Prosecution for. 17 











































95 


Page. 

Constables, use of. 59 

Cooperative fire associations, bearing on fire permits.. 14 

Courses of action in respect to trespasses. 15,21,23 

Court decisions affecting— 

Fire cases. 10 

Fish and game cases. 20 

Grazing cases. 21 

Court map, preparation of. 68 

Court, preparation for. 69 

Court procedure. 74 

Courts, use of State v. Federal. 16 

Courtesy: 

In arrest. 62 

In interviewing.„. 45,49 

Credulity, how to reduce our own. 44 

Criminal action: 

Fire trespass. 16 

Fish and game trespass. 21 

Grazing trespass. 21 

Property trespass. 24 

Criminal methods, increasing knowledge of. 55 

Criminal record, previous, use of. 52 

Cross examination. 67,76,78 

Damage suits for spread of fire, conditions necessary for bringing_ 15 

Damages, double, for malicious fires. 15 

Daytime, definition of, for service of warrants. 61 

Decisions of courts affecting law enforcement cases. 10,20,23 

Defects, bodily: 

As a defense in court. 72 

Effect of, on tracks. 34 

Defenses, anticipating. 67,72 

Dentist, as an expert. 42 

Deputy sheriffs, use of. 59 

Direct examination, in court. 75,78 

Disciplinary action against trespassers. (See Administrative action.) 

Discrediting witnesses and testimony. 72,76,77,78 

Discretion of supervisors. 16,19,23 

District forester, investigation report to. 69 

District law officer, memorandum for. 66 

Dragon’s blood powder, for recording fingerprints. 39 

Documentary evidence. 84 

Drunkenness, avoiding advantage of, by defense. 72 

Dust, recording footprints in.... 37 

Duties: 

General. 1 

Lines of work... 3 


46956—23-7 









































96 


Page. 

Equipment. 27 

Evidence: 

Circumstantial. 80,82 

Documentary, in court. 84 

Law of. 80 

Preserving perishable. 41 

Primary and secondary. 83 

Verbal and documentary, securing. 42 

Material, guarding. 29 

Material, handling . 29 

Examination of witnesses in court. 75 

Exhibits, in court procedure. 67,84 

Experimenting, value of. 36 

Expert testimony... 46,72,82 

Experts, making use of. 41 

Facts admissible in evidence. 80 

Fear of eonsequenc&s, bearing on testimony. 49 

Federal court, cases which must be brought in. 16,17 

Federal prosecution, not barred by acquittal in justice court. 17 

Felonies. 10 

Service of warrant for. 61 

Fighting fires on private land, bearing on obtaining damages. 15 

Fingerprints. 38 

Fingerprint powders. 39 

Fire: 

Duties respecting. 3 

Fighters, duties of in law enforcement. 27 

Law— 

Federal. 7 

State. 10 

Fires: 

Separate, prosecution for. 66 

Spreading to other lands. 10,13,15 

First man at fire, duties of. 27 

Fish and game: 

Duties respecting. 4 

Laws and regulations. 20 

Warden’s appointments, importance of. 6 

Force, use of in executing warrants. 62,63 

Formality, value of, in interviewing hostile witnesses. 49 

Frameup, getting behind. 51,52 

Game. (See Fish and game.) 

Game refuges. 20 

Getting a witness to talk. 45 

Gloves, use of, in handling evidence material. 29,39 

Grass, dry, following tracks in. 34 










































97 


Grazing: Page. 

Duties respecting. 4 

Trespass, regulations. 21 

Guarding objects of evidence. 29 

Guards,selection and instruction of. 1,3 

Hand lens, value of. 39 

Handling evidence material. 29 

Hearings, preliminary.. 73 

Hearsay as evidence.47,81 

Horses, search warrants for taking tracks of. 63 

Hostile and lying witnesses, interviewing. 49 

Hostile witnesses, examination of, in court. 75,76 

How many men in investigation. 26 

Identification of— 

Finger prints. 39 

Persons. 55 

Tracks. 33 

Immunity, promises of, not to be made. 53 

Impanelling the j ury. 74 

Impeachment of testimony in court. 72,76,77,78 

Impressions of raised surfaces, to take. 41 

Inaccuracy in testimony. 48 

Incendiaries, taking fewer chances with. 53 

Indian reservations fires originating from. 14 

Indians, arresting on a reservation. 14 

Indirect questioning, use of.51,76 

Inference, effect of, on accuracy of testimony. 48 

Infirmity, bodily, as a defense in court. 72 

Information, preliminary, value of. 6,26,43,76 

Informations and complaints. 58 

Inspection of investigative work. 3 

Instructions, necessity of applying to concrete cases. 30 

Interpretation of clues, importance of. 28 

Interrogation, helps to. 43 

Interviewing— 

Hostile and lying witnesses. 48 

Intentional offenders. 52 

Truthful witnesses. 45 

Who should do. 45 

Unintentional offenders. 47 

Investigation: 

Duties respecting. 2 

Methods in. 25 

Report to District forester. 68 

Investigators, special... 2,41 

Judicial interpretations: 

Federal law.^. 10 

State law. 14 













































98 


Page. 

Jurors, challenge of, in court. 74 

Jury: 

Danger of prejudicing. 29,68,71 

Impanelling the. 74 

Justice’s courts, jurisdiction of. 17 

Justices of peace, action when remiss in duty... 59 

Keeping temper. 54 

Knowing how you know, necessity of. 36 

Knowledge of men, value of. 43 

Law of evidence, the. 80 

Laws and regulations. 6 

Laws, fire. 7 

Laws, property trespass. 24 

Leading questions, in court examinations. 76,79 

Legal- 

Assistance . 5 

Bearings to be considered in interviews.. 47 

Processes, action under. 57 

Leniency, recommending in court. 69 

Limitations upon service of warrants of arrest. 60 

Lying witnesses: 

Interviewing. 48 

Studying previous testimony of. 44 

Magistrates hostile to law enforcement, action agaiust. 59 

Main case, preparing the. 65 

Manipulation of finger prints. 39 

Maps: 

Preparation of. 29,68 

Use of in court. 76 

Mark, private, putting on evidence found. 29 

Memory, bearing on accuracy of testimony. 48 

Men, number for investigative work. 26 

Mental picture of: 

Case, importance of. 25,28,43,45 

Testimony, importance of. 52 

Microscopist, value of expert. 42 

Mining claims, wildcat. 23 

Misdemeanors. 10 

Misdemeanors, service of warrants for. 61 

Monomania as a defense in court. 72 

Motives' 

For lying. 43,52 

Studying of. 44 

Municipalities, exempt from action of State forest fire law. 13,60 

Nervous tension, value of, in interviewing hostile witnesses.50,52 

Night service of warrants. 61,63 










































99 


Notebook: Page. 

Advantages of bound. 29 

Record. 29 

Notice of fires on private land, necessary for damage suits. 15 

Objections to testimony in court. 79 

Observation: 

Poor, bearing on accuracy of testimony. 48 

Value of, in investigation work.25 

Occupancy trespass. 23 

Occupation, bearing on accuracy of testimony. 48 

Open-mindedness, necessity of. 31 

Opinion, use of in evidence.72,82 

Outline for: 

Preparing memorandum of case. 67 

Investigation report to district forester. 68 

Personal description of suspects.50,55 

Papers, restoring mutilated and burned. 41 

Peace powers: 

Bearing of, on serving warrants. 57,59,63 

State, when forest officers have. 5 

Peremtory challenge of jurors. 74 

Perishable evidence, preserving. 41 

Perjury: 

Federal law on. 8 

Federal law on use of, in interviews.. 53 

Prosecution for.54,57 

Permits for burning. 14 

Personal description: 

Identification of persons from. 55 

Of suspects.50,55 

Photographs: 

Enlargements from, in court. 38,39,71 

Identification of persons from. 55 

Requirements for use as evidence. 29,71 

Photographing: 

Tracks. 38 

Dim writing. 41 

Picture, mental, of: 

Case, value of. 25,28,43,45 

Testimony, value of. 52 

Pine needles, following tracks in. 34 

Plain clothes work. 56 

Plan of campaign. 30 

Planning the court case. 63 

Plaster of Paris, making casts with...36,37 

Playing clean. 53 

Portland cement, for taking casts of tracks.36,37 

Preliminary: 

Hearings. 73 

Information, value of. 6,26,43,76 










































100 


Preparation— Page. 

For interview. 49 

Of the case. 65 

Of the case, bearing of complaint on. 58 

Preparing for court. 69 

Preparing witnesses.-. 71 

Preserving perishable evidence. 41 

Primary evidence. 83 

Principles, applying to concrete cases. 30 

Private rights, violations respecting. 6 

Production and effect of evidence. 84 

Promises and threats, avoiding. . 53- 

Property trespass. 24 

Prosecuting several persons for the same fire. 66 

Prosecuting the same person for separate fires. 66 

Protection in execution of warrants. 61,64 

Public sentiment, bearing of, on court to be used. 17 

Publicity for prosecutions. 69 

Qualifications for investigative work. 3,23 

Questioning: 

In cross examination. 76 

In interviews. 45,49,51 

To force a confession. 53 

Questions: 

Improper, objecting to in court. 79 

Leading, in court. 76,79 

Opposing, attention to in court. 73 

Rebuttal. 67,78 

Receipts: 

Giving, for articles seized on search warrants. 63 

Taking, for articles turned over to marshal or sheriff. 29 

Record: 

Notebook. 29 

Of clues, etc. 27,28 

Of interviews. 45,48,52 

Use of, in testimony. 71 

Recording: 

Finger prints. 39 

Tracks. 36 

Recovery, probable, effect of, on starting damage suits. 16,18,21 

Reexamination in court. 78 

Regulations, Department of Agriculture. 9,20,21,23 

Reimbursement for expenses. 64 

Relevancy of evidence. 80 

Replica of a track from a cast. 37 

Report of investigation to district forester. 68 

Reports. 2 

Restoring mutilated papers. 41 

Return of warrants. 62 

Rewards. 18,56 














































101 


Page. 

Sand, recording footprints in. 36,37,38 

Search: 

On arrest. 61 

Warrants. 63 

Without warrants. 63 

Searching for clues. 27 

Secondary evidence. 83 

Self-interest, use of, in inducing statement. 47 

Sentence: 

On plea of guilty. 62 

Suspended. 69 

Separate fires, prosecuting for. 66 

Service of warrants.59,63 

Shadowing, police methods in. 56 

Shellac solution. 39 

Sheriff: 

Taking receipts from, for articles. 29 

Use of. 59 

Short-term men, education of. 1,3 

Signed statements, obtaining. 45,46,52 

Special investigators, making use of. 2,41 

Speed: 

Indications of, from tracks.34,35 

Necessity of, in investigation work. 3,26 

Starting out. 26 

State fire law. 10 

Interpretations of. 14 

Statement, opening, in court. 69,74 

Statements: 

Of suspect at second hand, legal bearings of. 47 

Signed, getting. 45,46,52 

Stearin and collodion solution, for strengthening worn papers. 41 

Subpoenas. 70 

Supervisors, responsibility of. 3 

Surveyors, expert, when supplied. 68 

Suspect: 

In intentional offenses, interviewing. 52 

In unintentional offenses, intendewing. 47 

Legal bearings of statements of, at second hand. 47 

Tentative, making use of. 43 

Suspended sentence. 69 

Talk, getting a witness to. 45 

Telegraph, service of warrants by. 61 

Temper, keeping. 53 

Tests for validity of working theory. 32 

Testimony: 

Impeachment of, in court. 72,76,77,78 

Inaccuracy in. 48 

Organization of. 66,69.71.84 












































102 


Page. 

Theory of the case. 28,29,43,45- 

Threats and promises, avoiding...'.. 53 

Timber trespass. 5,23 

Time record, importance of... 29 

Torn paper, piecing together. 41 

Tracking, proficiency in. 36 

Tracks. 33 

Auto. 35 

Drawing a diagram of. 38 

Human and animal. 33 # 

Making casts and replicas of. 37 

Photographing... 38 

Recording. 36 

Search warrants for taking. 63 

Solidifying original by means of water glass. 36 

Trespass: 

Courses of action in respect to. 15,21,22,23 

Map, preparation of. 68 

Trial: 

How proceded to after arrest. 62,63 

Procedure in. 1 ... 74 

True case, the.1. 30 

Unintentional offenders, interviewing. 47 

Untruthfulnass, study of motives for. 43,44 

Value of confessions. 54 

Verbal and documentary evidence, obtaining. 42 

Violence, unnecessary, in serving warrants. 61,64 

Waived land, suits for grazing trespass on. 21 

Warrants— 

Of arrest. 57 

Search. 63 

Water glass, solidifying footprints by means of. 36 

Willfulness of offenses, judicial interpretations of. 10 

Witnesses: 

Classification of. 44 

Competency of. 85 

Examination of, in court. 75 

Expenses for. 64 

Expert, qualification of, in court. 82 

Getting and preparing for court. 70 

Impeachment of, in court. 72,76,77,78 

Interviewing. 45,49 

Preparing list of. 67 

Working: 

Memorandum, the. 66 

Theory, the. 28,29,43 

Worn papers, to strengthen. 41 

Writing: 

To intensify dim. 40 

U p notebook record. 49 


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